Can I take a contractor to small claims court for unfinished work in Canada?

What the Law Says

Canadian small claims courts are provincial tribunals designed to resolve civil disputes quickly and affordably. They handle breach-of-contract claims—including those against contractors who fail to complete work—provided the amount claimed falls within statutory limits.

Each province sets its own monetary cap and procedural rules for small claims. For example, Ontario’s Small Claims Court allows claims up to $35,000 under the Courts of Justice Act, while British Columbia’s limit is $35,000 under the Civil Resolution Tribunal Act and Small Claims Act.

A contractor’s failure to complete agreed-upon work may constitute breach of contract under provincial Sale of Goods and Services legislation or common law principles. The plaintiff must prove the existence of a contract, the contractor’s failure to perform, and resulting damages.

The limitation period—the time you have to file—is generally two years from when the claim was discovered in most provinces (e.g., Ontario’s Limitations Act, 2002), though some, like Alberta, apply a two-year basic limitation period under the Limitations Act, RSA 2000, c L-12, s 3(1).

Statutory Text

An action shall not be brought after the expiration of 2 years from the day on which the claim was discovered.

— Ontario Limitations Act, 2002, s 4

Statutory Text

The court may make an order for specific performance or for an injunction in a proceeding in respect of a contract for services.

— Ontario Courts of Justice Act, RSO 1990, c C.43, s 23(1)(a)

What to Do

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