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 less expensively than going to court.

Start with Direct Communication and Documentation

Before considering legal action, document everything thoroughly. Take photos of the poor workmanship, keep all contracts, invoices, and written communications. Send a formal written notice to your contractor outlining the specific defects and requesting repairs within a reasonable timeframe (typically 30 days). This creates a paper trail and gives the contractor an opportunity to fix the issues.

Use Ontario's Consumer Protection Resources

Contact the Ministry of Government and Consumer Services at 416-326-8800 or visit ontario.ca/consumer for guidance on your rights. If your contractor is part of a trade association or warranty program, file a complaint there first. Many issues can be resolved through these channels without court involvement.

Small Claims Court for Amounts Under $35,000

For claims under $35,000, Ontario's Small Claims Court is your most practical option. It's designed for homeowners to represent themselves without lawyers. You'll need to prove the contractor breached their contract or performed work below acceptable standards. Filing fees range from $75-$500 depending on your claim amount.

Superior Court for Larger Claims

For claims over $35,000, you'll need to file in Superior Court, which typically requires legal representation. This is more expensive and time-consuming but may be necessary for major structural issues or complete project failures.

What You Need to Prove

To succeed in court, you must demonstrate that the contractor failed to meet the terms of your contract or industry standards. Expert testimony from other contractors may be needed to establish what constitutes acceptable workmanship. Keep receipts for any costs to fix the defective work, as these are typically recoverable.

Consider Mediation First

Many contractors' insurance policies include mediation clauses. This process is faster and cheaper than court, and often produces better results for both parties. The contractor may be more willing to negotiate when facing potential legal costs.

Time Limitations and Practical Considerations

In Ontario, you generally have two years from discovering the defect to file a lawsuit. However, consider whether the contractor has assets to pay a judgment - winning in court is meaningless if they can't pay. Check if they have WSIB coverage and proper insurance, as this affects your ability to collect.

Protection for Future Projects

For your next project, ensure your contractor is properly licensed (check ESA at esasafe.com for electrical work, TSSA at tssa.org for gas work), has WSIB clearance, and carries liability insurance. A detailed written contract with specific quality standards makes future disputes much easier to resolve.

If you're dealing with electrical or gas work issues, contact the ESA (1-877-372-7233) or TSSA directly, as safety violations can result in immediate enforcement action beyond your civil claim.