Canada

Can I sue a former roommate for unpaid shared bills in small claims court?

$15,000–$35,000
Small claims monetary limits by province (e.g., $35,000 in BC, $15,000 in Quebec)
2 years
General limitation period under the federal Limitations Act, 2002 (Ontario) and similar provincial acts
The Short Answer

Yes, you can sue a former roommate for unpaid shared bills in small claims court in Canada, but only up to your province’s monetary limit—typically $15,000–$35,000—and you must file within the applicable limitation period (usually 2 years).

What the Law Says

Canadian small claims courts are provincial, not federal, and each province sets its own rules for jurisdiction, procedure, and limits. You may pursue a claim against a former roommate for unpaid rent, utilities, or other jointly incurred debts—if supported by evidence and filed on time.

Small claims courts across Canada handle civil disputes involving money or personal property, including breach of informal agreements like shared living expenses. While oral roommate agreements are generally enforceable, written documentation (e.g., text messages, bank transfers, signed notes) significantly strengthens your case.

The legal basis rests on contract law principles: when roommates agree to share bills, they form a binding agreement under provincial Sale of Goods Acts or common law contract doctrines. For example, Ontario’s Courts of Justice Act, s. 23(1), grants the Small Claims Court jurisdiction over claims up to $35,000.

All provinces have limitation periods—statutory deadlines to start a lawsuit. Under Ontario’s Limitations Act, 2002, s. 4, most debt claims expire two years after the claim is 'discovered' (i.e., when you knew or ought to have known the roommate refused to pay). Similar two-year rules apply in Alberta (Limitations Act, RSA 2000, c L-12, s. 3), BC (Limitation Act, SBC 2012, c 13, s. 6), and most other provinces.

Statutory Text

The court has jurisdiction in a claim for the payment of money up to the amount of thirty-five thousand dollars.

— Courts of Justice Act, RSO 1990, c C.43, s. 23(1)
Statutory Text

Unless otherwise provided, a proceeding shall not be commenced in respect of a claim after the second anniversary of the day on which the claim was discovered.

— Limitations Act, 2002, SO 2002, c 24, Sch B, s. 4

What to Do

1

Gather evidence: collect bank statements, utility bills showing joint names, texts/emails confirming shared responsibility, and any written agreement or payment history.

2

Calculate your exact claim amount—including unpaid bills plus allowable filing fees—but do not include punitive damages or lawyer fees (not recoverable in most small claims courts).

3

Identify the correct court: file where your former roommate lives or where the debt arose (check provincial rules—e.g., BC requires filing in the defendant’s judicial district per Small Claims Rules, BC Reg 261/2022, Rule 3(1).)

4

Complete and file the claim form (e.g., Form 7A in Ontario, Notice of Claim in BC) with the local small claims court registry and pay the fee ($100–$200 depending on province).

5

Serve the claim properly—usually in person or by registered mail—and file proof of service; then prepare for mediation or trial, keeping explanations clear and evidence organized.

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.