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

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

Small Claims Court is Ontario's simplified court system designed for everyday disputes without needing a lawyer. For contractor issues in Ottawa, it's particularly useful because most residential renovation disputes fall well within the $35,000 limit, and the process is designed to be accessible to regular homeowners.

What Small Claims Court Handles for Contractor Disputes

You can use Small Claims Court in Ottawa for contractor disputes involving poor workmanship, incomplete work, overcharging, failure to obtain required permits, damage to your property, or breach of contract. The court can order the contractor to pay you money damages, but it cannot force them to complete work or fix problems - only award financial compensation.

The process typically takes 3-6 months in Ottawa, depending on court scheduling and whether the contractor responds. Filing fees range from $102 for claims under $6,000 to $220 for claims up to $35,000. You'll file at the Ottawa Small Claims Court located at 161 Elgin Street.

Before Going to Court

Try resolving the dispute directly first. Send written notice to the contractor detailing the problems and requesting resolution within a reasonable timeframe (typically 30 days). Keep copies of all communications, contracts, photos of work, receipts, and any permits. If the contractor is ESA or TSSA licensed, file complaints with those authorities first - this creates official documentation that strengthens your court case.

For disputes involving unlicensed contractors doing electrical or gas work in Ottawa, contact the City of Ottawa Building Code Services at 613-580-2424, as this may involve safety violations that need immediate attention.

What You'll Need to Prove

Document everything thoroughly. Your contract or written agreement, proof of payment, photos showing the defective work, estimates from other contractors to fix the problems, and any correspondence with the contractor are all crucial evidence. If permits were required but not obtained, get documentation from the City of Ottawa showing the permit requirement - this strengthens your case significantly.

Limitations and Alternatives

Small Claims Court awards money damages but cannot force contractors to return and fix work. If you win but the contractor doesn't pay, you'll need to take additional collection steps. For amounts over $35,000, you'd need to go to Superior Court, which typically requires legal representation.

Consider mediation first - many contractor disputes can be resolved faster and cheaper through mediation services. The Ottawa area has several mediation services that specialize in construction disputes.

WSIB and Insurance Considerations

If the contractor wasn't properly insured or didn't have WSIB coverage (which you should have verified before hiring), this can complicate collection even if you win your case. Always verify WSIB clearance at wsib.ca/clearances before starting any project.

For contractor disputes in Ottawa, Small Claims Court is often your best option for getting compensation, but prevention through proper contractor vetting, clear contracts, and permit compliance remains your strongest protection.