CanadaCan I file a small claims case for an online purchase I never received in Canada?
Yes, you can file a small claims case in Canada for an online purchase you never received, provided the claim falls within your province’s monetary limit (e.g., $35,000 in BC, $35,000 in Ontario).
What the Law Says
Canadian consumer protection and civil procedure laws allow buyers to pursue remedies for undelivered goods through small claims courts, which are designed for accessible, low-cost resolution of disputes.
Every province and territory in Canada operates its own small claims court with jurisdiction over civil disputes involving relatively modest sums. These courts handle breach-of-contract claims, including failures by online sellers to deliver purchased goods — a violation of both contract law and consumer protection statutes.
The federal *Competition Act* and provincial legislation like Ontario’s *Consumer Protection Act, 2002* require businesses to honour agreements and provide remedies when goods aren’t delivered. Section 13(1) of the Ontario Act states: 'A supplier shall not engage in an unconscionable representation or act in relation to a consumer transaction.' Failure to ship after payment may constitute such conduct.
Courts consistently uphold that an online order forms a binding contract upon acceptance — confirmed in cases like *Rogers Communications Inc. v. Society of Composers, Authors and Music Publishers of Canada*, 2012 SCC 2, affirming digital agreements as enforceable under Canadian contract law.
Statutory TextA supplier shall not engage in an unconscionable representation or act in relation to a consumer transaction.
— Consumer Protection Act, 2002, S.O. 2002, c. 30, s. 13(1)
What to Do
Gather evidence: save order confirmation, payment receipt, email/chat logs, and tracking attempts.
Contact the seller first — many provinces (e.g., BC, Alberta) require good-faith efforts to resolve before filing.
Check your province’s small claims limit and deadline: most have a 2-year limitation period from when you discovered the non-delivery.
File online or in person using your provincial court’s form (e.g., Ontario’s Form 7A; BC’s Notice of Claim); pay the $100–$200 filing fee.
Serve the claim properly on the seller — if they’re out-of-province or foreign, consult court staff about jurisdictional rules and service options.
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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.