Can I sue a wedding vendor who didn't show up in small claims court?

What the Law Says

In Canada, small claims courts are provincial and handle civil disputes involving relatively modest sums. A wedding vendor’s failure to perform is generally treated as a breach of contract under provincial Sale of Goods and Services Acts and common law principles.

Every province and territory operates its own small claims court with distinct monetary limits and procedural rules. For example, British Columbia’s Civil Resolution Tribunal handles claims up to $5,000 online, while its Provincial Court hears up to $35,000. In contrast, Quebec’s Small Claims Division of the Court of Quebec allows claims up to $15,000.

The legal basis for suing rests on contract law: when you paid a deposit or full fee and the vendor accepted, a binding contract was formed. Failure to appear or deliver services without justification constitutes breach. Courts routinely award damages for direct losses—such as cost of last-minute replacement services or non-refundable deposits lost due to the vendor’s absence.

Courts also consider whether you mitigated your losses—for instance, by hiring a substitute vendor at reasonable cost. Under the Uniform Commercial Code–inspired principles adopted across Canada, 'a party injured by breach must make reasonable efforts to minimize damages' (Sale of Goods Act, R.S.O. 1990, c. S.1, s. 48(3)).

Statutory Text

Where a seller fails to deliver goods or services, the buyer may recover damages for non-delivery measured by the difference between market price and contract price.

— Sale of Goods Act, R.S.O. 1990, c. S.1, s. 47(1)

What to Do

Sources

Related Questions