Can I sue my contractor for poor workmanship in Ontario?

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

In Ontario, homeowners have legal protections under the Consumer Protection Act and common law contract principles. If your contractor has delivered substandard work that doesn't meet industry standards or the terms of your contract, you have grounds for legal action.

Start With These Steps Before Suing

Document Everything First - Take detailed photos and videos of the poor workmanship. Keep all contracts, invoices, emails, and text messages with your contractor. Get written assessments from other qualified contractors about what's wrong and what it will cost to fix.

Try Direct Resolution - Contact your contractor in writing (email or registered mail) describing the specific problems and requesting they return to fix the work. Give them a reasonable deadline (typically 10-15 business days). Many contractors will address issues when presented with clear documentation.

Check Your Contract Terms - Review your agreement for warranty clauses, dispute resolution procedures, or requirements for written notice of defects. Following these terms strengthens your legal position.

Ontario-Specific Legal Protections

Consumer Protection Act - For contracts over $50, Ontario law provides a one-year warranty on services and materials. This means contractors must fix defective work within a reasonable time at no cost to you.

Construction Lien Act - If you've held back the required 10% holdback for 60 days after substantial completion, you have additional leverage. Don't release this holdback until all defects are resolved.

WSIB and Insurance Claims - If the poor work caused property damage, your contractor's liability insurance should cover repairs. Verify their insurance was active during the work period.

When Court Action Makes Sense

Small Claims Court (up to $35,000) - Most residential construction disputes fall within Small Claims Court jurisdiction. Filing fees are $102-$220 depending on claim amount. Cases typically resolve within 6-12 months.

Superior Court (over $35,000) - For major defects requiring extensive repairs, you may need Superior Court. These cases are more complex and expensive, often requiring expert witnesses.

What You Can Recover

Ontario courts can award compensation for the cost to repair defective work, additional expenses caused by delays, and in some cases, inconvenience damages. You typically cannot recover your legal fees unless specifically provided in your contract.

Red Flags That Strengthen Your Case

Courts look favorably on homeowners who can prove the contractor deviated from industry standards, building codes, or contract specifications. Work that fails City of Ottawa inspections, doesn't meet Ontario Building Code requirements, or violates ESA/TSSA standards creates strong evidence.

Get Professional Help

Contact the Law Society of Ontario's Lawyer Referral Service (1-855-947-5255) for a 30-minute consultation with a construction law lawyer. Many offer initial consultations to assess whether your case has merit.

For immediate assistance with construction disputes, contact Ontario's consumer protection office at 1-800-889-9768 or visit ontario.ca/consumer for guidance on your specific situation.

Remember, the threat of legal action often motivates contractors to resolve issues voluntarily, especially when you have solid documentation and understand your rights under Ontario law.