Canada

Can I sue a moving company for damaged belongings in small claims court?

$25,000
Maximum claim amount in Ontario Small Claims Court
2 years
Standard limitation period under Canada’s Limitations Act
The Short Answer

Yes, you can sue a moving company for damaged belongings 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 file within the applicable limitation period, usually 2 years.

What the Law Says

Canadian consumers have legal rights when hiring movers, and provincial small claims courts provide accessible recourse for property damage claims. These courts operate under simplified rules but still require proof of negligence or breach of contract.

Moving companies in Canada are governed by provincial consumer protection laws and common law contract principles. Under the Ontario Consumer Protection Act, 2002, businesses must provide services with reasonable care and skill — failure to do so may constitute a breach entitling you to compensation. Similar standards apply across provinces, such as the British Columbia Business Practices and Consumer Protection Act.

The federal Canada Transportation Act does not regulate local residential moves, so intraprovincial moves fall entirely under provincial jurisdiction. This means your claim must be filed in the province where the move occurred or where the mover is based.

Small claims courts across Canada have monetary caps: $35,000 in British Columbia (Civil Resolution Tribunal), $25,000 in Ontario and Alberta, $15,000 in Prince Edward Island, and $10,000 in Quebec’s Small Claims Division. Claims exceeding these amounts must go to superior court.

Statutory Text

No person shall engage in an act or practice that is unconscionable in respect of a consumer.

— Ontario Consumer Protection Act, 2002, s. 14(2)

What to Do

1

Document all damage immediately—take dated photos, keep packaging, and note issues on the delivery receipt.

2

Review your written contract and any bill of lading; check for liability clauses, declared value, or exclusions.

3

Send a formal written demand letter to the moving company outlining damages, evidence, and requested compensation within 30 days.

4

File in the correct provincial small claims court before the 2-year limitation deadline (start date is when damage was discovered or should reasonably have been discovered).

5

Prepare evidence: receipts, estimates, repair quotes, photos, witness statements, and correspondence — no lawyers needed, but legal aid clinics can help draft forms.

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.