CanadaCan I get a refund from a tutoring service through small claims court?
Yes, you can sue a tutoring service for a refund in small claims court in Canada if the claim falls within your province’s monetary limit—typically $15,000–$35,000—and you have evidence of breach of contract or consumer rights violation.
What the Law Says
Canadian small claims courts are provincial tribunals designed to resolve civil disputes quickly and affordably. They apply consumer protection laws and contract law to cases like tutoring service refunds.
Each province operates its own small claims court under legislation such as Ontario’s Courts of Justice Act or British Columbia’s Small Claims Act. These laws grant jurisdiction over claims for money owed, including refunds for services not delivered or misrepresented.
Consumer protection statutes — like Ontario’s Consumer Protection Act, 2002 — require businesses to provide services with reasonable skill and care, and entitle consumers to remedies for unfair practices or failure to deliver agreed-upon services.
The Limitations Act, 2002 (Ontario) and equivalent provincial statutes generally impose a two-year basic limitation period from the date the claim was discovered — though many provinces require filing within 60 days of demand for refund where statutory dispute resolution applies.
Statutory TextA person who supplies a service shall do so with reasonable care and skill.
— Consumer Protection Act, 2002 (Ontario), s. 13(1)
Statutory TextThe small claims court has jurisdiction to hear and determine a claim for the payment of money up to the prescribed amount.
— Small Claims Act (British Columbia), s. 10(1)
What to Do
Send a written demand letter to the tutoring service requesting a full or partial refund, citing the reason (e.g., unmet learning outcomes, cancelled sessions, or misrepresentation).
Gather evidence: signed contracts, invoices, emails, lesson logs, screenshots of ads or promises, and records of communication.
Check your province’s small claims court website for filing fees (usually $100–$200), forms, and monetary limit — e.g., $35,000 in Ontario, $15,000 in BC and Alberta.
Complete and file a claim form (e.g., Ontario’s Form 7A or BC’s Notice of Claim) at your local courthouse or online via the Civil Resolution Tribunal (BC) or Ontario’s Small Claims Court e-filing portal.
Attend your hearing prepared to present your evidence clearly and concisely; no lawyer is required, but you may bring a support person or paralegal where permitted.
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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.