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 - and the strength of your evidence will determine your success.

The most critical evidence is your written contract. This establishes what work was promised, the timeline, payment schedule, and quality standards. If you don't have a written contract, gather any text messages, emails, or written estimates that show the agreed-upon scope of work. Ontario courts heavily favor written agreements, so verbal contracts are much harder to prove.

Document all payments made to the contractor. This includes cancelled checks, bank transfers, credit card statements, and any cash receipts. Under Ontario's Construction Act, you have lien rights, but only if you can prove what you paid and when. Keep records of the 10% holdback you should have retained - if you didn't hold back 10% for 60 days after substantial completion, document why.

Photographic evidence is crucial for proving defective work or damage. Take extensive photos and videos showing the problems, ideally with timestamps. Include "before" photos if you have them, and document the progression of issues. For structural or safety problems, get a professional inspection report from a licensed engineer or home inspector - this carries significant weight in court.

Gather all correspondence with the contractor including emails, text messages, letters, and notes from phone conversations (write down dates, times, and what was discussed). This communication trail often reveals admissions of fault, promises to fix problems, or abandonment of the project.

For permit-related issues, contact City of Ottawa Building Code Services at 613-580-2424 to get copies of permits, inspection reports, and any stop-work orders. If electrical or gas work was involved, obtain ESA and TSSA inspection records. Failed inspections or work done without proper permits strengthens your case significantly.

Get written estimates from other contractors to repair or complete the work. These quotes establish the cost to remedy the situation and prove damages. Make sure these estimates are detailed and from reputable, licensed contractors.

Check if your contractor had proper licensing and insurance. Verify their ESA license at esasafe.com if electrical work was involved, or TSSA certification at tssa.org for gas work. Request their WSIB clearance certificate and insurance policy details. Working without proper credentials can void contracts and strengthen your position.

Document any safety violations or code non-compliance. Contact the City of Ottawa if work doesn't meet Ontario Building Code standards. Building officials can issue compliance orders that serve as powerful evidence.

Keep records of any additional costs incurred due to the contractor's failures - hotel stays if your home became uninhabitable, storage fees, alternative arrangements, or emergency repairs by other contractors.

For disputes over $35,000, you'll likely need to pursue action in Superior Court, which requires more formal evidence procedures. For smaller amounts, Small Claims Court in Ottawa (161 Elgin Street) has simpler evidence rules but still requires thorough documentation.

Before proceeding with litigation, consider filing a complaint with Ontario's Consumer Protection office at ontario.ca/consumer. They can sometimes mediate disputes and their involvement creates an official record.

The key is starting documentation from day one of your project. If you're already in a dispute, gather everything you have immediately and stop communicating with the contractor except in writing. Consider consulting with a construction lawyer who understands Ontario's Construction Act and lien laws - many offer free consultations to evaluate your case strength.

Remember, winning a lawsuit is only valuable if the contractor has assets to collect from. Check if they're still in business and have recoverable assets before investing in legal action.