CanadaCan I sue my ISP for unauthorized charges in small claims court?
Yes, you can sue your ISP for unauthorized charges in small claims court in Canada—but only up to your province’s monetary limit (e.g., $35,000 in BC, $25,000 in Ontario). You must first request a refund and document all communications.
What the Law Says
Canadian consumers are protected from unauthorized billing by federal and provincial laws. ISPs fall under both telecommunications regulation and consumer protection statutes.
The Telecommunications Act (SC 1993, c 38) empowers the CRTC to enforce fair billing practices, including requiring clear consent for recurring charges. Section 24(1) mandates that service providers obtain express consent before charging for optional services.
Provincially, the Consumer Protection Act (Ontario, RSO 2002, c 30) prohibits 'unfair practices' such as charging without agreement—Section 14(2)(b) explicitly bans charging for services not authorized in writing or electronically.
Small claims courts across Canada operate under provincial legislation—for example, Ontario’s Courts of Justice Act (RSO 1990, c C.43), Part IV, grants jurisdiction over civil claims up to $25,000, including breach of contract and unjust enrichment claims against ISPs.
Statutory TextNo telecommunications service provider shall charge a customer for an optional service unless the customer has expressly consented to the provision of that service.
— Telecommunications Act, s 24(1)
What to Do
Contact your ISP in writing (email or letter) demanding removal of the unauthorized charge and a full refund within 10 business days.
Save all evidence: billing statements, service agreements, chat logs, call recordings (if permitted in your province), and consent records—or lack thereof.
File a complaint with the Commission for Complaints for Telecom-television Services (CCTS) if unresolved after 30 days; they offer free, binding arbitration for telecom disputes.
Determine your provincial small claims limit and filing fee (e.g., $102 in Ontario for claims up to $25,000), then complete and submit Form 7A (Statement of Claim) online or at your local courthouse.
Serve the claim on your ISP using approved methods (e.g., registered mail or process server) and prepare evidence for your hearing—including timelines, screenshots, and written correspondence.
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Related Questions
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-10-11.