CanadaCan I sue a landscaper for incomplete or poor quality work in small claims?
Yes, you can sue a landscaper for incomplete or poor work in small claims court in Canada, provided your claim falls within your province’s monetary limit—typically $15,000–$35,000.
What the Law Says
In Canada, small claims courts are provincial and handle civil disputes involving money or property up to statutory limits. Landscaping services fall under contractual obligations governed by provincial Sale of Goods and Services Acts and the common law of contract.
Every province has its own Small Claims Court legislation that outlines jurisdiction, procedure, and remedies. For example, Ontario’s Courts of Justice Act and the Small Claims Court Rules govern claims up to $35,000, while Alberta’s Provincial Court Civil Division handles claims up to $50,000—but only up to $35,000 for non-personal-injury matters like service disputes.
A landscaper’s failure to perform agreed-upon work—or performing it negligently—may constitute breach of contract or breach of implied terms under provincial consumer protection laws. Under the Ontario Consumer Protection Act, 2002, s. 13(1), suppliers must provide services with 'reasonable care and skill'.
Courts routinely award damages for cost of completion or remediation where work is incomplete or substandard. As confirmed in D’Amore v. W.C. Gouinlock Ltd., 2017 ONSC 4998, homeowners may recover reasonable expenses to fix defective landscaping work when the contractor fails to remedy defects voluntarily.
Statutory TextNo person shall supply a service unless the service is supplied with reasonable care and skill.
— Ontario Consumer Protection Act, 2002, s. 13(1)
What to Do
Review your written or verbal agreement — note scope, timeline, price, and any promises about quality or materials.
Document everything: take dated photos/videos of poor work, save emails/texts, and obtain at least one written quote for remediation costs.
Send a clear, written demand letter giving the landscaper 14–30 days to fix the work or refund part of the payment.
File in the correct provincial small claims court — usually where the work was done or where the defendant resides — using online portals like Ontario’s ONe-Source or BC’s eFiling system.
Prepare for your hearing: bring contracts, invoices, photos, quotes, and witness statements; practice explaining how the work breached expectations or standards.
Sources
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.