Can I sue my contractor for poor work in Ontario?

Yes, you can sue your contractor for poor work in Ontario, but there are several steps you should take first that may resolve the issue faster and cost less than going to court.

In Ontario, homeowners have strong legal protections under the Consumer Protection Act and common law when contractors fail to deliver work that meets reasonable standards or contract specifications. However, litigation should typically be your last resort after other remedies have been exhausted.

Start with Direct Communication and Documentation

Before considering legal action, document everything thoroughly. Take detailed photos of the defective work, keep all contracts, invoices, emails, and text messages. Write a formal letter to your contractor outlining the specific problems and requesting they return to fix the work within a reasonable timeframe (typically 30 days). Send this by registered mail to create a paper trail.

Many contractors will respond positively to professional, documented complaints, especially if they're legitimate businesses concerned about their reputation. If your contractor is a member of a trade association or has Better Business Bureau accreditation, file complaints with these organizations as additional pressure.

Warranty and Lien Rights Protection

Under Ontario law, contractors provide an implied warranty that work will be performed in a workmanlike manner using suitable materials. This applies even if not explicitly written in your contract. If you haven't made final payment, you have significant leverage - don't pay for work that doesn't meet standards.

Ontario's Construction Act also provides homeowner protections. You're entitled to hold back 10% of the contract value for 60 days after substantial completion to ensure any defects are corrected. If you've already paid in full, you've lost this important leverage tool.

Small Claims Court for Most Disputes

For claims under $35,000, Ontario's Small Claims Court is your most practical legal option. The process is designed for self-representation, with simplified procedures and reasonable filing fees (around $100-300 depending on claim size). Small claims cases typically resolve within 6-12 months, much faster than Superior Court.

You'll need to prove the contractor breached their contract or failed to meet reasonable standards. Expert testimony from another contractor may be necessary to establish what constitutes proper workmanship in your situation.

Alternative Dispute Resolution

Consider mediation before litigation. Many contractors' insurance policies include mediation coverage, and it's much faster and cheaper than court proceedings. The Ontario government also offers dispute resolution services through various consumer protection agencies.

If your contractor is ESA-licensed (electrical) or TSSA-certified (gas), file complaints with these regulatory bodies. While they focus on safety rather than quality, serious defects often involve code violations that these authorities will investigate.

When to Hire a Lawyer

For complex cases involving structural issues, significant damages over $35,000, or contractors who've disappeared entirely, consult with a construction lawyer. Many offer free initial consultations and can advise whether your case has merit.

Be aware that even if you win in court, collecting the judgment can be challenging if the contractor has limited assets or declares bankruptcy. This is why checking WSIB clearances, insurance coverage, and business registration before hiring is so crucial.

Practical Considerations

Litigation costs can quickly exceed the value of smaller claims. Court fees, lost wages for court appearances, and potential legal costs if you lose can add up significantly. Many homeowners find that the threat of legal action, combined with negative online reviews and regulatory complaints, motivates contractors to address problems voluntarily.

For future projects, always verify contractor licensing through ESA (esasafe.com) or TSSA (tssa.org), check WSIB clearances, and ensure they carry adequate liability insurance. A well-vetted contractor is far less likely to create problems requiring legal action.

The key is acting quickly - most limitation periods for construction defects are two years from discovery, so don't delay if you're considering legal action.