What evidence do I need for a contractor lawsuit?

If you're pursuing legal action against a contractor in Ottawa, you'll need comprehensive documentation to prove your case - contracts, communications, photos, payments, and evidence of damages or code violations.

Essential Documentation for Your Case

Written Contracts and Agreements
Start with your original contract, any change orders, and written estimates. Even informal agreements via email or text messages count as evidence. If you only had a verbal agreement, gather any written communications that reference the work scope, timeline, or pricing. Ontario courts recognize various forms of written confirmation.

Payment Records and Financial Documentation
Collect all payment receipts, cancelled checks, credit card statements, and bank transfers. Document any cash payments with written receipts if available. Include invoices, billing statements, and any disputes over payment amounts. If you made progress payments, show what work was supposed to be completed at each stage versus what was actually done.

Photographic and Video Evidence
Take extensive photos and videos showing the problematic work, safety issues, or incomplete projects. Include before, during, and after shots if available. Document any property damage, code violations, or work that doesn't match the contract specifications. Time-stamped photos from your phone provide excellent evidence of when issues occurred.

Communication Records

All Written Communications
Save every email, text message, letter, and written notice exchanged with the contractor. Include communications about delays, quality issues, change requests, or payment disputes. Screenshot text messages and print emails with full headers showing dates and times. These communications often reveal the contractor's acknowledgment of problems or promises to fix issues.

Documentation of Verbal Conversations
While harder to prove, keep detailed notes of phone calls and in-person meetings. Include dates, times, who was present, and what was discussed. If witnesses were present during important conversations, get their contact information and written statements about what they heard.

Professional Documentation

Inspection Reports and Expert Opinions
Hire qualified professionals to inspect and document defective work. In Ottawa, this might include:

• City of Ottawa building inspectors (613-580-2424) for code violations


• ESA inspectors for electrical issues (esasafe.com)


• TSSA inspectors for gas/HVAC problems (tssa.org)


• Independent contractors for repair estimates


• Engineers for structural issues

Permit and Licensing Verification
Document whether required permits were obtained through ottawa.ca/building. Verify the contractor's licensing status with ESA (for electrical), TSSA (for gas), and WSIB clearance. Screenshot these verification pages as evidence of whether the contractor was properly licensed for your project.

Damage Documentation

Repair Estimates and Costs
Obtain written estimates from licensed contractors to fix defective work or complete unfinished projects. Get multiple quotes to establish reasonable repair costs. Include estimates for any additional damage caused by the contractor's work, such as water damage from plumbing mistakes or structural issues from improper construction.

Consequential Damages
Document additional costs caused by the contractor's failures - hotel expenses if your home was uninhabitable, storage costs for displaced belongings, lost work time, or medical expenses from injuries caused by unsafe conditions.

Legal and Regulatory Evidence

Building Code Violations
If work doesn't meet Ontario Building Code standards, get official documentation from City of Ottawa inspectors. Code violations strengthen your case significantly, especially for safety-related issues.

Lien and Payment Issues
If dealing with Construction Lien Act issues, gather all lien notices, holdback documentation, and proof of payments to suppliers or subcontractors. Ontario's Construction Act requires 10% holdbacks for 60 days after substantial completion.

Working with Legal Counsel

Small Claims vs. Superior Court
For claims under $35,000 in Ontario, Small Claims Court offers a faster, less expensive option. For larger claims or complex issues, Superior Court may be necessary. Consult with a construction lawyer familiar with Ontario regulations.

Alternative Dispute Resolution
Before litigation, consider mediation or arbitration if specified in your contract. Ontario's Tarion warranty program covers new home construction, while renovation disputes often go through small claims or civil court.

Key Ottawa Resources

Contact City of Ottawa Building Code Services (613-580-2424) for permit verification and inspection reports. For consumer protection issues, reach out to Ontario's consumer protection office. The Law Society of Ontario can help you find qualified construction lawyers.

Remember that strong documentation from the beginning of your project provides the best protection. Keep detailed records of everything, communicate in writing when possible, and don't hesitate to document problems as they arise.