Can a freelancer use small claims court to collect unpaid invoices in Canada?

What the Law Says

Small claims courts across Canada are designed to resolve civil disputes quickly and affordably — including unpaid freelance work — without requiring lawyers.

Each Canadian province and territory operates its own small claims court with distinct monetary limits and procedures, but all permit claims for breach of contract, such as failure to pay for services rendered. Freelancers qualify as 'persons' under provincial legislation and may file claims as individuals or sole proprietors. The legal basis for recovery rests on common law contract principles and provincial statutes governing civil procedure and debt collection.

Courts routinely accept invoices, emails, contracts, and work product as evidence of an enforceable agreement. While no federal small claims system exists, the Constitution Act, 1867 assigns civil procedure exclusively to provinces, making local rules binding. Importantly, the Limitations Act, 2002 (Ontario) and similar statutes elsewhere set a general two-year limitation period from the date the claim was discovered — though some provinces like British Columbia retain a six-year limit for written contracts.

Judgments issued by small claims courts are legally enforceable and can be registered against property or garnished from bank accounts or wages through provincial enforcement offices. However, courts cannot compel payment directly — enforcement is a separate administrative step handled by sheriffs or court enforcement officers.

Statutory Text

The Small Claims Court has jurisdiction to hear and determine civil claims for money up to the amount prescribed in the regulations.

— Ontario Courts of Justice Act, s. 22(1)

What to Do

Sources

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