CanadaCan I sue a towing company for wrongful towing in small claims court?
Yes, you can sue a towing company for wrongful towing in small claims court in Canada—but only if your claim falls within your province’s monetary limit (e.g., $35,000 in BC, $25,000 in Ontario).
What the Law Says
In Canada, towing regulation and consumer remedies are governed primarily by provincial laws—not federal statutes—making rules vary by jurisdiction. Wrongful towing may violate provincial consumer protection acts or municipal bylaws governing vehicle removal. You generally have a right to compensation if a tow was unauthorized, lacked proper signage, or breached statutory notice requirements.
Each province sets its own small claims court monetary limit and procedural rules. For example, British Columbia’s Small Claims Court handles claims up to $35,000 under the Small Claims Act, RSBC 1996, c. 430. In Ontario, the limit is $25,000 under the Courts of Justice Act, RSO 1990, c. C.43, s. 23(1).
Wrongful towing may breach provincial consumer protection legislation: Ontario’s Consumer Protection Act, 2002, SO 2002, c. 30, Sch A, s. 14 prohibits unfair practices, including charging for services not agreed to or not rendered. Similarly, BC’s Business Practices and Consumer Protection Act, SBC 2004, c. 2, s. 4 declares it an unfair practice to charge for unauthorized towing.
Municipal bylaws also play a key role. Toronto Municipal Code Chapter 950 (Parking) requires visible signage and 72-hour notice before non-consensual towing from private property—failure may invalidate the tow and support a claim for damages.
Statutory TextNo person shall engage in an unfair practice… including charging for a service that was not agreed to or not provided.
— Consumer Protection Act, 2002, SO 2002, c. 30, Sch A, s. 14(1)(b)
What to Do
Gather evidence: photos of signage (or lack thereof), towing receipt, witness statements, and any correspondence with the towing company.
Check your province’s small claims court filing deadline—most require claims within 2 years of the incident (Limitations Act, 2002, SO 2002, c. 24, Sched B, s. 4), but some municipalities impose shorter windows (e.g., 60 days for disputes involving private property towing in Alberta).
Calculate your damages: towing fees, storage costs, rental car expenses, and provable inconvenience (e.g., missed work)—keep all receipts.
File a claim online or in person at your local small claims court using your province’s official form (e.g., Ontario Form 7A; BC Form 1). Pay the applicable filing fee (e.g., $102 in Ontario as of 2024).
Serve the towing company properly—usually via registered mail or process server—and prepare for your hearing with organized evidence and clear chronology.
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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.