What is small claims court, and can I use it for contractor disputes?

Yes, you can use Ontario's Small Claims Court for contractor disputes in Ottawa, and it's often the most practical option for homeowners dealing with construction problems under $35,000.

Small Claims Court is Ontario's simplified court system designed for disputes involving money or property worth $35,000 or less. For Ottawa homeowners, this covers most contractor disputes including poor workmanship, incomplete jobs, overcharging, property damage, or failure to return deposits.

How Small Claims Court Works for Contractor Disputes

The process is designed to be accessible without a lawyer. You file your claim at the Ottawa courthouse (161 Elgin Street), pay a filing fee ranging from $102 to $372 depending on your claim amount, and serve the contractor with court documents. The contractor then has 20 days to respond with their defense.

Most construction disputes that reach Small Claims Court involve situations like contractors who disappeared mid-job, delivered work that doesn't match the contract, caused property damage, or are demanding payment for substandard work. The court can order the contractor to pay you money, complete work properly, or return deposits.

What You Need to Prove Your Case

Documentation is crucial for construction disputes. Bring your written contract, all correspondence (emails, texts), photos of the work, receipts for payments made, estimates from other contractors showing the cost to fix problems, and any permits or inspection reports. If you paid cash without receipts, your case becomes much harder to prove.

The court will want to see that you tried to resolve the dispute directly with the contractor first. Keep records of your attempts to communicate about problems before filing your claim.

Timeline and Costs in Ottawa

From filing to trial typically takes 6-12 months in Ottawa's Small Claims Court. Filing fees range from $102 for claims under $1,000 to $372 for claims from $15,000-$35,000. If you win, the losing party usually pays your filing fees plus reasonable expenses like serving documents.

However, winning a judgment doesn't guarantee you'll collect the money. If the contractor has no assets or declares bankruptcy, your judgment may be worthless. This is why checking a contractor's WSIB clearance, insurance, and financial stability before hiring is so important.

Alternatives Before Court

Before filing, consider the Tarion Warranty Corporation if your contractor is registered for new home construction, or contact the Better Business Bureau for mediation services. For electrical or gas work issues, complaints to ESA (1-877-372-7233) or TSSA can sometimes resolve problems faster than court.

The Ontario Consumer Protection Act also provides additional remedies for certain types of contractor fraud or violations that might be more powerful than Small Claims Court.

Key Limitations

Small Claims Court can't force a contractor to complete work - only award money damages. The $35,000 limit includes all damages, legal costs, and interest. You also can't use it for urgent situations requiring immediate injunctions to stop ongoing damage.

For disputes over $35,000 or complex construction defect cases involving multiple parties, you'll need Superior Court and likely a lawyer, making the process much more expensive.

Contact Information:

• Ottawa Small Claims Court: 161 Elgin Street, Ottawa, (613) 239-1591


• Ontario Court Forms: ontario.ca/page/small-claims-court


• Free legal advice: Legal Aid Ontario (1-800-668-8258)

Small Claims Court works best when you have good documentation and the contractor has assets to pay a judgment. It's often your best option for getting justice in contractor disputes, but prevention through proper vetting and contracts remains your strongest protection.