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How you as a Canadian can Fight Back When a Contractor Takes Advantage of You

March 27, 2025

Jon Christensen

Being a homeowner with a bad contractor is frustrating – but you are not powerless.

How you as a Canadian can Fight Back When a Contractor Takes Advantage of You

Being a homeowner with a bad contractor is frustrating – but you are not powerless.

Having problems with a contractor can feel incredibly stressful—and if you’re facing this right now, you’re definitely not alone. We built Bidmii because we know firsthand how disappointing and frustrating it is when a renovation or home improvement project goes sideways. In fact, many homeowners discover our platform only after a bad experience—when a contractor disappears mid-project, the quality of work doesn't match expectations, or unexpected bills pile up.

At Bidmii, we keep your project funds safely held in trust, so contractors only get paid once you confirm the job’s been done right. But even if you've already run into issues, don’t worry—you still have options. In this guide, I'll walk you step-by-step through exactly what you can do next to handle contractor problems like unfinished work, poor quality, inflated charges, abandonment, or contract breaches. We’ll help you understand your rights, give you practical tools, and point you toward resources to resolve your situation and get your project back on track.

Common Problems with Contractors

Home renovation and construction projects can go wrong in many ways. Below are major contractor-related issues homeowners often face:

  • Non-completion of work: The contractor fails to finish the project, leaving you with an incomplete renovation or construction. This is a clear breach of the agreement to complete the work.

  • Poor workmanship: The work done is shoddy, not up to code, or far below the quality promised. Homeowners are legally entitled to work of “reasonably acceptable quality” (Frontenac News - Surviving Home Renovations under the Consumer Protection Act), so substandard work violates those implied terms.

  • Inflated billing: The contractor charges more than agreed, adds excessive unexpected costs, or bills for work not actually done. Many provinces (e.g. Ontario and Alberta) have laws preventing contractors from charging more than 10% above a quoted estimate without your consent (What to Do If a Home Renovation Contractor Does Not Finish the Job) (Construction estimates and consumer protection legislation | Miller Thomson).

  • Contractor abandonment: The contractor disappears or stops showing up before the job is done – often after taking a large deposit. This leaves you paid-up with nothing to show. In some jurisdictions (like Alberta), taking advance payment without proper licensing is illegal ( Service Scams ).

  • Breach of contract: Any serious failure to meet the terms of your contract – such as using wrong materials, not adhering to plans, unreasonable delays, or violating specific clauses – is a breach. You have legal remedies for breach of contract, including the right to terminate the contract and seek damages.

Understanding which of these issues you’re facing (it could be multiple) will help you decide on the best course of action. In all cases, you have rights and options to pursue a fair resolution.

Know Your Rights as a Homeowner

Before diving into action steps, it’s important to know the legal protections you have in Canada as a homeowner dealing with contractors:

  • Written Contract Requirements: In most provinces, any home improvement or renovation contract over a small dollar threshold (e.g. $50 in Ontario) must be in writing and include key details (scope of work, timelines, payment schedule, etc.) (Frontenac News - Surviving Home Renovations under the Consumer Protection Act). If the contractor didn’t provide a written contract, they may already be violating provincial law.

  • Right to Quality Work: Consumer protection laws imply that services will be performed in a skillful, competent manner. For example, Ontario’s Consumer Protection Act guarantees that home renovations must be of “reasonably acceptable quality” (Frontenac News - Surviving Home Renovations under the Consumer Protection Act). If the workmanship is poor, the contractor has likely breached these implied warranties.

  • 10% Limit on Extra Billing: Inflated bills are often unlawful. Many provinces cap the final price at no more than 10% above the estimate unless you agreed to the extra cost. In Ontario, if a written estimate was given, the final bill cannot exceed the estimate by more than 10% without your approval (What to Do If a Home Renovation Contractor Does Not Finish the Job). Alberta has a similar 10% rule under its consumer laws (Construction estimates and consumer protection legislation | Miller Thomson). You have the right to refuse payment for unauthorized overages beyond that 10% buffer.

  • Cooling-Off Periods: If you signed the contract at your home (door-to-door) or outside the contractor’s place of business, you might have a cooling-off period (often 10 days in many provinces) during which you can cancel for any reason (What to Do If a Home Renovation Contractor Does Not Finish the Job). For instance, Ontario allows cancellation within 10 days for contracts signed in your home. This won’t apply if work has long since started, but it’s good to know if you just signed and immediately sense red flags.

  • No Big Deposits Without Protection: Some provinces strictly regulate advance payments. In Alberta, a contractor cannot request any upfront payment unless they hold a provincial Prepaid Contracting Business License ( Service Scams ). This law is meant to protect consumers from fly-by-night contractors. If an Alberta contractor took your money and ran without this license, report them – it’s a violation that Service Alberta can investigate. Other provinces may not forbid deposits, but it’s generally risky to pay large sums before work is done.

  • Right to Cancel for Breach: If the contractor fundamentally breaches the contract (by not doing the work or doing it very poorly), you may be entitled to terminate the contract and seek a refund or damages. For example, Ontario’s consumer law considers it an unfair practice if a service isn’t delivered as promised, and significant failures can justify cancelling the agreement even after the normal cooling period (What to Do If a Home Renovation Contractor Does Not Finish the Job). Always review your contract terms as well – many have clauses on how to handle disputes or termination.

  • Builder Licensing and Guarantees (Quebec and others): In Quebec, contractors must hold an RBQ license for most construction work. An RBQ-licensed contractor carries a financial guarantee (license security) that can compensate clients for unfinished or non-compliant work (RBQ: Can the Régie du bâtiment du Québec protect you?). You can file a claim against that guarantee to recover losses or get repairs if you hired a licensed contractor (RBQ: Can the Régie du bâtiment du Québec protect you?). The RBQ can also sanction or suspend the contractor’s license for violations (RBQ: Can the Régie du bâtiment du Québec protect you?). (In Ontario, a similar licensing exists for new home builders through the HCRA and Tarion warranty; in BC, new home builders are licensed and bonded via BC Housing). The bottom line: if your contractor was required to be licensed, you have an avenue to complain to the licensing body for possible compensation or disciplinary action.

Knowing these rights arms you with confidence. Next, we walk through exactly what steps to take to resolve the issue.

Step-by-Step Guide to Address Contractor Issues

When you suspect you’ve been taken advantage of by a contractor, it’s important to act promptly and methodically. Below is a step-by-step plan:

1. Collect and Preserve All Evidence

Begin by gathering proof of the problem and your agreement. Good documentation is your best weapon if things escalate.

  • Gather your contract and records: Locate the written contract, any change orders, invoices, receipts of payments, and warranties or guarantees. Also save any emails, text messages, and notes of phone conversations with the contractor. These documents establish what work was promised, what’s been paid, and what’s been said. Make a timeline of events if it helps.

  • Take photos/videos of the work: Visually document the unfinished tasks or poor workmanship in detail (What to Do If a Home Renovation Contractor Does Not Finish the Job). For example, photograph rooms that were left gutted, close-ups of defects, or materials used that differ from what was specified. Date-stamped photos or video evidence can powerfully support your case by showing the state of the project.

  • Keep a communication log: Save all correspondence with the contractor. If conversations were in person or by phone, write down the date, who said what, and any promises made. Going forward, try to communicate in writing (email or letter) so you have a record. Having a paper trail of the contractor’s responses (or lack thereof) will be important.

  • Document extra costs or damages: If the contractor’s actions caused you additional expenses (for example, you had to rent a temporary apartment because your home is unlivable, or you had to buy new materials to redo faulty work), keep receipts and records of these costs. You may claim them later as damages.

  • Use a checklist: To ensure you’ve covered everything, use a documentation checklist. We’ve provided a Documentation Checklist template in the Templates section below that you can use to organize your evidence.

By collecting evidence first, you’ll be prepared for any next steps – whether it’s a stern letter, a complaint, or a court claim. It also helps you evaluate how strong your case is. For instance, if your contract clearly says the contractor would do X by a certain date and you have proof it wasn’t done, you have a solid foundation.

2. Communicate Your Concerns to the Contractor (In Writing)

With your facts in hand, the next step is to give the contractor a chance to rectify the situation – but do it formally. Start with a direct, written communication outlining the problems and what you expect.

  • Be professional and clear: Even if you’re angry, keep your tone businesslike. Calmly state the issues with the work relative to what was agreed. For example: “As of [date], the following work remains incomplete/not to contract standards…”. Stick to facts and avoid insults. A professional tone shows you’re serious and reasonable (What to Do If a Home Renovation Contractor Does Not Finish the Job).

  • Outline what you want: Clearly ask the contractor to fix the issues. For instance, “I request that you return to complete the kitchen tiling and correct the electrical wiring issues to meet code, as per our contract.” Set a reasonable deadline, such as 10 business days, for them to respond or begin corrective work. This puts the onus on them to take action.

  • Request a written response: In your communication, ask the contractor to reply in writing (email or letter) acknowledging the issues and stating their plan to resolve them (What to Do If a Home Renovation Contractor Does Not Finish the Job). A written reply (or a lack of one) becomes evidence. If they make new promises, only trust them if it’s written down.

  • Send a formal letter or email: It’s best to put this in a formal letter format (see the sample “Complaint/Demand Letter to Contractor” in Templates). Sending it via email is fine, but you may also send a physical copy by registered mail for added weight. Keep a copy for yourself and proof of sending (email send confirmation or postal receipt).

  • Avoid purely verbal agreements: Don’t rely on any new verbal promises at this stage. Insist that any agreement to remedy the situation is confirmed in writing. This avoids the “he said, she said” trap later.

Many disputes are resolved at this stage. A reasonable contractor, when confronted with a well-documented complaint, may prefer to finish the job or fix mistakes rather than risk legal trouble or damage to their reputation. Make sure to document any fixes they do and inspect the work carefully. If they fulfill their promises, great – problem solved. But if they ignore you or give unsatisfactory responses, move on to the next steps.

3. Send a Formal Demand Letter (Final Warning)

If your initial written complaint doesn’t spur appropriate action, it’s time to escalate your tone. A demand letter is a more formal, slightly more aggressive letter that signals you are prepared to take further action (legal or otherwise) if the contractor doesn’t comply. This letter can also serve as evidence that you gave the contractor a fair chance to resolve the issue.

  • Draft a demand letter: This should recap the history: the work agreed upon, the contractor’s failings (incomplete work, etc.), and your attempts to resolve it. Then clearly state your demands: e.g. “Complete all remaining work by [date] at the quality standards in our contract, or refund $X of payments made.” Be specific about what you expect.

  • Include a deadline and consequences: Give a firm deadline (7–14 days is common) for the contractor to meet your demands or respond with a plan. State that if they do not, you will pursue further action, such as hiring another contractor at their expense, filing a complaint with authorities, or taking legal action in court (What to Do If a Home Renovation Contractor Does Not Finish the Job). This shows you mean business.

  • Point to supporting laws or contract terms: You may wish to mention, for example, “Under the Ontario Consumer Protection Act and our contract, you are not permitted to charge more than 10% above the estimate without consent (What to Do If a Home Renovation Contractor Does Not Finish the Job), yet you have done so,” or “Failure to complete the work by the agreed deadline of June 1, 2025 constitutes a breach of contract. I am prepared to exercise my legal rights if this is not remedied.” Citing specific rights lets them know you’re aware of the law.

  • Keep tone firm but professional: This is not the place for profanity or personal attacks. The tone should be serious and assertive. You can convey disappointment and urgency without name-calling. Assume this letter might later be read by a judge or regulator – you want to come across as the reasonable party.

  • Use our template: Refer to the “Sample Demand Letter to Contractor” in the Templates section for a starting point. Customize it to fit your situation.

Send this demand letter by a trackable method (email with read receipt, registered mail, or even courier) to ensure the contractor receives it. Keep a copy. Often, a strongly worded letter on paper can jolt a negligent contractor into action, because they realize you might escalate the matter (What to Do If a Home Renovation Contractor Does Not Finish the Job).

Possible outcomes: The contractor might respond with a proposal to fix things, or they might continue to stonewall you. If they offer to finish the job, ensure you set clear conditions (timeline, quality checks) and do not pay any more money until the work is completed correctly. If they ignore the demand or refuse, you are justified in moving to the next steps.

4. Consider Terminating the Contract

By this point, if the contractor hasn’t cooperated, you may decide to fire the contractor and prevent them from doing any further work on your property. This is a serious step – essentially ending the agreement due to their breach. It can be necessary if you need to hire someone else to finish or fix the job.

  • Check your contract terms: Some contracts outline how to terminate for breach. For example, there might be a clause requiring you to give a written notice of deficiencies and a chance to cure them (which you’ve effectively done with your prior letters). Ensure you’ve complied with any such provisions. If none, common law rights apply.

  • Send a Notice of Termination: If the final deadline in your demand letter passes with no resolution, send a short Notice of Contract Termination in writing. State that due to the contractor’s breaches and failure to remedy the issues after notice, you are terminating the contract effective immediately (or as of a specific date) for cause. Refer to your previous letters and the unmet demands. We provide a Notice of Termination letter template in the Templates section.

  • State any next steps: In the termination notice, you might add that you will be hiring another contractor to complete the work and that you reserve the right to seek compensation for any extra costs incurred. This puts the contractor on notice that a claim for damages is coming.

  • Secure the site and property: If the contractor still has their tools or materials on your property, mention in the notice how/when they can retrieve them (e.g. “You may pick up your equipment on or before [date] by arranging access with me”). If they have given you any keys or access, change locks or codes if necessary. Essentially, formally end their right to be on your property.

  • Stop any further payments: Obviously, do not pay anything else to the contractor after terminating (except possibly paying for materials already delivered that you intend to keep, if that’s a fair arrangement – this can get complicated, so seek advice if unsure).

Termination should not be done lightly, but at some point it becomes clear the contractor isn’t going to fulfill their obligations. By terminating, you can then freely hire someone else to finish the job. Keep all receipts and evidence of what it costs you to complete or repair the work – these are likely recoverable from the original contractor as damages for breach of contract.

Important: Even after termination, the original contractor might attempt to demand payment or even place a lien on your home (claiming they’re owed money). If you receive any lien notice or lawsuit from them, that’s a separate legal issue – you should seek legal advice on defending against it. Your documentation will be crucial to show why you didn’t pay (because of their breach). In many cases, a contractor who abandons a job has no valid lien, but don’t ignore any legal papers. We’ll touch on liens in the legal section.

5. File Complaints with Regulatory Bodies and Consumer Agencies

At this stage, you’ve given the contractor every chance to make it right. If they still haven’t, it’s time to alert the authorities and any relevant regulatory organizations about the contractor’s conduct. These complaints can serve a few purposes: applying pressure on the contractor, helping you potentially recover losses, and protecting other consumers.

Here are avenues for escalation (you can pursue several in parallel):

  • Provincial Consumer Protection Office: Every province has a department or agency for consumer protection. File an official complaint about the contractor and the issues (unfulfilled contract, poor quality, etc.). Provide copies of your evidence and correspondence. In Ontario, for example, you can file a complaint with Consumer Protection Ontario, which may investigate and even take enforcement action if the contractor violated the Consumer Protection Act (What to Do If a Home Renovation Contractor Does Not Finish the Job). In Alberta, you would contact the Consumer Investigations Unit at Service Alberta (1-877-427-4088) – they can investigate breaches of the Fair Trading Act and have the power to issue warnings, fines, or charges (Construction estimates and consumer protection legislation | Miller Thomson) ( Service Scams ). While these agencies might not get your money back directly, they can pressure the contractor through legal enforcement and sometimes mediate a solution. At the very least, your complaint will be on record to help prevent others from being victimized.

  • Business Licensing Authorities: If your contractor is in a trade that’s licensed (electrician, plumber, etc.) or in a province requiring contractor licensing (like Quebec’s RBQ license, or new home builders in Ontario/BC), report them to that regulator. For example, in Quebec, report problems to the RBQ – they can sanction the contractor and you can make a claim against the contractor’s license bond for compensation (RBQ: Can the Régie du bâtiment du Québec protect you?). In Ontario, if it’s a new home builder, you’d complain to the Home Construction Regulatory Authority (HCRA) and Tarion for warranty issues. In British Columbia, if it involves a licensed residential builder or a home warranty issue, you can contact BC Housing’s Licensing & Consumer Services branch (Warranty Complaints | BC Housing). Describe the situation and provide evidence; the regulator may investigate and possibly discipline the contractor or help facilitate a resolution.

  • Better Business Bureau (BBB): Submit a complaint to your regional BBB (if the contractor is listed or even if not). The BBB will forward it to the contractor and ask for their side. Contractors care about their BBB rating – a formal BBB complaint may motivate them to resolve your issue to avoid a bad report (What to Do If a Home Renovation Contractor Does Not Finish the Job). Even if it doesn’t fix your case, the complaint becomes part of the contractor’s public record, warning future customers. (BBB can’t force a solution, but they offer voluntary mediation.)

  • Industry Associations: If the contractor is a member of any professional association (e.g. local Home Builders’ Association, Renovation trade associations, etc.), report the issue to that body. Sometimes trade associations have ethics committees or mediation services. At minimum, the contractor might not want to be in bad standing with their peers.

  • Police (in cases of fraud): Most contractor disputes are civil, not criminal. However, if you suspect actual fraud – for example, the contractor never intended to do the work and just took your money and ran, or they consistently do this to many people – you can file a report with the police for fraud. Large deposit theft, using deceit to get money, or doing deliberate damage could cross into criminal territory ( Service Scams ). The threshold is high (police will look for clear intent to defraud). If you believe it’s fraud, contact your local police’s fraud unit or the Canadian Anti-Fraud Centre. Even if they don’t lay charges, having a police report on file can support your case and possibly scare the contractor. (In Quebec, for instance, the advice is to report fraudsters to the police and RBQ (RBQ: Can the Régie du bâtiment du Québec protect you?).)

  • Small Claims Court (legal action) – we’ll cover this in the next section. Legal action is often the ultimate step if other efforts fail.

When filing any complaint, include copies of your evidence (contract, letters, photos) to substantiate your claims. Keep records of the complaints you file (reference numbers, copies of forms). These agencies can take time to respond, so don’t wait around doing nothing else – you can proceed with legal action in parallel if needed.

Tip: Focus on complaints that have actual teeth. For example, a provincial consumer protection agency can invoke consumer protection laws; a licensing body can revoke a license; the BBB can only affect reputation. If you must choose, prioritize the government channels (consumer protection, licensing) as they might aid in enforcement or mediation (What to Do If a Home Renovation Contractor Does Not Finish the Job). The Resources by Province section later in this guide provides contact links for each province’s consumer protection office and relevant regulators.

6. Explore Mediation or Arbitration (Optional)

At any point in the dispute (before or even during legal action), you and the contractor could agree to try mediation or arbitration. These are forms of Alternative Dispute Resolution (ADR) that can be faster and cheaper than court.

  • Mediation: An impartial mediator (often available through community mediation centers or provincial services) will facilitate a meeting between you and the contractor to see if you can reach a mutually acceptable settlement. Mediation is non-binding – it’s essentially a guided negotiation. Some consumer protection agencies or courts offer free or low-cost mediation. For example, small claims courts in many provinces encourage settlement conferences (which are like mediation with a judge’s help). If both parties are willing, mediation can resolve issues without the stress of a trial (Handling a Failed or Incomplete Home Renovation. (Disputes with the Contractor) - Belmonde).

  • Arbitration: Arbitration is more formal – an arbitrator (like a private judge) hears both sides and makes a binding decision. It’s usually faster than court but might have some cost. Check your contract: some contracts have an arbitration clause requiring disputes to go to arbitration instead of court. If so, you’ll need to follow that process (arbitration awards can be enforced in court if the contractor doesn’t comply). Arbitration can be useful if you want a definitive decision but in a less formal setting than court (Handling a Failed or Incomplete Home Renovation. (Disputes with the Contractor) - Belmonde).

  • When to consider ADR: If the contractor is at least somewhat engaged and there’s a chance of compromise, mediation can be worthwhile. It’s also useful when you want to preserve some relationship or just get the project done rather than an all-out fight. Arbitration might be suitable if both sides want a quicker resolution by a knowledgeable third party (and if the amount at stake justifies any arbitration fees). Some provinces have specific services – e.g. Ontario has a program for mandatory mediation in some civil cases (not small claims though), and BC’s Civil Resolution Tribunal is essentially a form of online arbitration for small cases.

ADR is optional (unless your contract forces it). It does not replace your right to go to court if it fails. Even if you start a lawsuit, you and the contractor can still agree to mediate at any time. In many situations, however, an unresponsive or bad-faith contractor won’t willingly engage in mediation – so you may need to proceed straight to legal action. But keep this in mind as a potential path to settlement, because if successful it can save a lot of time and money.

7. Take Legal Action – Small Claims Court

If nothing else has compelled the contractor to do right by you, legal action is your trump card. For most homeowner vs. contractor disputes, Small Claims Court is the appropriate venue (provided your claim is within the monetary limit for small claims in your province – see provincial limits below). Small Claims Courts are designed for individuals to pursue relatively straightforward claims without the heavy procedures of higher courts, often without needing a lawyer.

Key points about small claims:

  • Claim amount limits: Every province sets a maximum dollar amount for small claims. For example, Ontario’s small claims limit is $35,000 (Small Claims Court | Superior Court of Justice); British Columbia’s is $35,000 (with claims up to $5,000 generally going to the Civil Resolution Tribunal first) (Small Claims BC | BC Provincial Court | Courts of BC); Alberta recently increased its limit to $100,000 ("Small Claims" Get Bigger—Increases to Monetary Limit for Small Claims in Alberta Will Impact Wrongful Dismissal Litigation | Bennett Jones). We list all provinces’ limits in the Resources section. If your financial loss exceeds the small claims limit, you can still use small claims by abandoning the amount above the limit (you won’t be able to recover the excess), or you’d have to file in a higher court. Many homeowner-contractor disputes fall within the limits.

  • What you can sue for: You can sue for money damages or specific performance (in some cases). Typically, homeowners sue for the cost to complete unfinished work or to fix defective work by hiring another contractor. You might also claim a refund of deposits for work not done, compensation for delays (e.g. living expenses if you had to move out), or even emotional distress in small amounts (though some provinces limit “general damages” in small claims – e.g. Nova Scotia caps non-material damages at $100 (Small Claims Court | The Courts of Nova Scotia)). Small Claims Courts handle breach of contract and negligence claims routinely – your case likely involves both (breach of contract for not doing what was promised, and negligence if work was done badly causing damage).

  • Filing the claim: To start, you’ll need to fill out a claim form (often called a Plaintiff’s Claim or Notice of Claim) obtained from your local small claims court or online. On this form, you briefly state the facts: who you are suing (contractor’s name and business name), what happened, how they breached the contract or law, and what amount you are asking for. Attach copies of your key evidence if required (some courts allow attachments, others bring to trial). Then file the claim at the appropriate court (usually the court nearest to where the work happened or where the defendant resides/does business). There will be a filing fee (ranging roughly from $100 to $250 depending on claim amount and province (Small Claims Court: 10 Questions to Ask Yourself Before Making a Claim | Éducaloi) (Small Claims Court: 10 Questions to Ask Yourself Before Making a Claim | Éducaloi), some provinces waive/reduce for low-income).

  • Serving the contractor: After filing, you must serve the court-stamped claim on the contractor (deliver it formally, usually by registered mail or courier, or have a process server hand-deliver, according to the rules). You then provide the court with proof of service (an affidavit or certificate of service). This step ensures the contractor is notified of the lawsuit.

  • Preparing your case: In small claims, formal discovery is limited. This means you typically won’t have depositions or extensive document exchange like big courts. It’s up to you to have your evidence ready for trial. Prepare a package of documents: the contract, photos of bad work, copies of communications, payment receipts, and a concise timeline. If you have expert evidence (e.g. another contractor or inspector’s written opinion on the poor work or an estimate to fix it), that can be very persuasive – consider paying a licensed inspector or reputable contractor to write a report on what’s wrong and what it costs to fix. Such a report can justify your claim for damages. Also, line up any witnesses (maybe a neighbor who saw the contractor never showed up, etc.). In some provinces, you must disclose your evidence to the other side before trial (check the rules or ask the court clerk).

  • Court procedures: Small Claims Courts try to be user-friendly. There may be a settlement conference scheduled first – a meeting where a judge or mediator will encourage you and the contractor to settle. Be open to a fair settlement, but don’t hesitate to stand your ground if their offer is inadequate. If no settlement, you’ll get a trial date. At trial, you (and the contractor if they appear) present your cases. You’ll tell your story, submit your evidence, maybe call any witnesses, and possibly cross-examine the contractor. The judge may ask questions. Remember, you are telling this from a homeowner’s perspective – emphasize the inconvenience, the trust you placed in the contractor, the specific ways they failed you, and quantify your losses. Be organized – refer to your documents and timeline.

  • Judgment and collection: If you win, the court will order the contractor to pay you a certain amount or to perform certain work (usually it’s money). Collecting on a judgment can be another process – you might need to garnishee their bank account or earnings, or place a lien on their property, if they don’t pay voluntarily. Many contractors will pay once a judgment is against them, especially if they want to stay in business (and in some provinces, unpaid judgments can affect their licensing or credit).

Filing a small claims case shows you are serious about enforcing your rights. Oftentimes, contractors will offer to settle once they are served with the lawsuit, rather than go to trial. You can negotiate a settlement at any time (just ensure you get any settlement in writing, and ideally file a notice with the court if settled). If the contractor completely ignores the lawsuit, you can ask the court for a default judgment after the response deadline passes.

Going to court might sound daunting, but thousands of Canadians do it every year successfully without lawyers. The rules of evidence are a bit relaxed in small claims, and judges will usually give self-represented folks some leeway (while still being impartial). Prepare well, tell the truth, and you have a strong chance of success if the facts are on your side.

(See the “Preparing for Small Claims Court” tutorial below for more detailed tips on the small claims process.)

8. Consider Hiring a Lawyer or Paralegal

You can certainly go through the above steps on your own. However, if at any point you feel overwhelmed or the stakes are high, seeking professional legal help is wise. Here’s how a lawyer (or a licensed paralegal in provinces like Ontario) can assist:

  • Legal advice and case evaluation: A lawyer can assess the strength of your claims and advise on strategy. They might point out additional legal remedies you hadn’t considered (for example, if the contractor’s actions violate a specific statute, or if there’s a possibility of a class action if multiple homeowners were affected). An initial consultation can clarify your options.

  • Demand letters from a law firm: A letter on a law firm’s letterhead can carry more weight (the “lawyer’s letter” effect). Sometimes a contractor will respond quickly once they know you have engaged counsel, in hopes of avoiding a lawsuit.

  • Negotiation and settlement: Lawyers are trained negotiators. They can communicate with the contractor (or the contractor’s lawyer, if they have one) to seek a fair settlement. This can happen before or after you file a court claim. If you’re not comfortable dealing with the contractor directly (especially if things became hostile), having a lawyer handle communications shields you.

  • Navigating court procedures: If you file a court case, a lawyer or paralegal (paralegals are allowed to represent in small claims court in Ontario and some other jurisdictions for lower-value cases) can prepare the paperwork, ensure deadlines are met, and represent you at trial. They’ll know how to present evidence, examine witnesses, and reference legal precedents to strengthen your case.

  • Enforcement of judgment: If you win in court but the contractor doesn’t pay, a lawyer can help with enforcement steps – like garnishments, property liens, or sheriff seizures – to collect what you’re owed.

Cost considerations: Hiring a lawyer costs money, and for many small disputes it may not be cost-effective to retain one for the entire process. However, you can opt for a limited scope representation – for example, pay a lawyer just to draft a strong demand letter, or to coach you on representing yourself in small claims. Some provinces have legal aid or pro bono services for civil cases (though legal aid typically doesn’t cover ordinary contract disputes unless you qualify as low-income and the situation is severe). Ontario has the Pro Bono Ontario hotline (1-855-255-7256) which gives free legal advice for civil matters (Small Claims Court | Superior Court of Justice), and clinics that help with small claims. Other provinces have lawyer referral services where you can get an initial consult for free or nominal cost (e.g. the Ontario Legal Information Centre offers a free 30-minute consult with a lawyer (Small Claims Court - Steps to Justice)). Check the resources section for legal aid contact info in your province.

Paralegals: In Ontario, licensed paralegals can represent you in small claims court often at lower cost than a lawyer. They are trained in areas like small claims and provincial offenses. If your case is straightforward, a paralegal might be a good option to save money. (Outside Ontario, representation is typically only by lawyers or yourself, though you could have a friend assist as an “agent” in some small claims courts with permission.)

If your claim is large (above small claims limits) and you have to go to a higher court (Superior Court, Court of King’s Bench, etc.), it is highly recommended to have a lawyer, as those procedures are complex. For small claims, many people self-represent, but don’t feel bad about getting help – the goal is to maximize your chances of a good outcome. Even a one-time meeting with a lawyer can clarify things tremendously.

(See the “How to Hire a Lawyer or Paralegal” section for tips on finding affordable legal help.)

9. Wrap-Up: Moving Forward and Preventing Future Issues

After going through all this, you’ll hopefully reach a resolution – whether it’s the contractor finishing the job correctly, you winning a judgment for monetary compensation, or a settlement that’s acceptable. Once the dust settles, consider a few closing pieces of advice:

  • Complete the project with care: If you hired a new contractor to finish the work, vet them thoroughly (learn from the past – check references, ensure they are properly licensed/insured, have a detailed contract, and consider scheduling payments as work progresses rather than a big lump sum). You don’t want a repeat scenario.

  • Learn from the experience: Unfortunately, you’ve gained hard-earned experience. Next time, screen contractors by checking the Consumer Beware List or review sites for complaints, using written contracts, and structuring payments to maintain leverage (e.g. hold back a final payment until you’re satisfied). Always get multiple quotes and don’t automatically go with the cheapest bid – reputation and reliability are worth a lot. Taking these precautions can greatly reduce the risk of future problems ( Service Scams ) (What to Do If a Home Renovation Contractor Does Not Finish the Job).

  • Share your story: Consider leaving an honest review online (Google, HomeStars, BBB, etc.) about the contractor, or warn friends and neighbors. This isn’t about revenge – it’s about protecting other homeowners. Be factual in reviews to avoid defamation issues. Your insight could save someone else from the same trouble.

  • Follow through on enforcement: If you won a court judgment, follow through to actually collect the money. A judgment is just a piece of paper until you enforce it. Use the courts to garnish the contractor’s bank accounts or wages, lien their property, or seize assets if needed. Many provinces allow you to file the judgment in a higher court or use sheriff services for enforcement. Don’t let the contractor off the hook.

  • Emotional closure: It’s understandable to be angry or feel betrayed. Home is personal, and having a contractor take advantage of you hurts. Once you’ve done everything you can (legal and otherwise), try to find closure. Focus on getting your home repaired by whatever means and moving forward. You stood up for yourself, which is important.

Above all, remember that the law is on your side when a contractor fails to meet their obligations. It may take time and persistence, but homeowners have successfully recovered damages and held contractors accountable in countless cases across Canada. Use the system and resources available to you. This guide, along with the templates and links below, should empower you to take action confidently and assert your rights as a homeowner.

Templates and Sample Documents

Below are some sample templates you can use. Feel free to copy, edit, and fill in the details to fit your situation. Each template is provided in a text format for easy copying.

Sample Complaint/Demand Letter to Contractor

(Use this letter to formally outline the issues to the contractor and demand resolution. This doubles as a demand letter if you include a deadline and consequences. Replace the bracketed placeholders with your information.)

[Your Name]  

[Your Address]  

[City, Province, Postal Code]  

[Your Phone Number]  

[Your Email Address]  

[Date]

[Contractor’s Name]  

[Contractor’s Business Name]  

[Contractor’s Address]  

[City, Province, Postal Code]  

Subject: Formal Complaint and Demand for Completion of Contracted Work at [Your Address]

Dear [Contractor’s Name]:

I am writing regarding the contract dated [contract date] for [brief description of project, e.g., “home renovation of my kitchen and bathroom”] at my residence, [your address]. I have paid a total of [$$$ amount] to date under this contract. Unfortunately, I must express my serious concerns about how this project has been handled and demand immediate action to remedy several breaches of our agreement.

1. Incomplete and/or Substandard Work: As of today, the following contracted work remains unfinished or is done improperly:

- [List specific incomplete tasks or defects. For example: “Kitchen backsplash tiling is only 50% complete; remaining walls are bare.” 

- “Bathroom plumbing is leaking under the sink, not installed to code.” 

- “Contract specified oak hardwood flooring in living room, but laminate was installed instead.”]

This work (or lack thereof) deviates from the agreed scope and quality in our contract. [If applicable, reference any industry standards or code issues].

2. Missed Deadlines: Our contract (and subsequent schedule updates) set a completion date of [date]. It is now [current date], and the project is far from finished. You have not been on site since [last date contractor was present], nor have you provided a valid explanation for the extensive delays.

3. Lack of Communication: I have attempted to reach you multiple times regarding these issues. [Briefly mention attempts: “For example, I texted you on Jan 5 and 7 with no response, and emailed on Jan 10 with no substantial reply.”] This lack of communication is unacceptable and unprofessional.

Relevant Law and Contract Terms: (For your reference)

- Our contract states [quote any relevant clause about work quality, timelines, payments, etc.]. These terms have not been met.

- Additionally, under [Province] law, the work is required to be of reasonable quality and completed as agreed. For instance, [if Ontario: “the Consumer Protection Act, 2002 guarantees services will be performed in a satisfactory manner and completed within a reasonable time”]. Your failure to do so constitutes a breach of contract and possibly an unfair practice under consumer protection legislation.

Demand for Resolution: I hereby demand that you take the following actions:

1. Complete all remaining work to the specifications in our contract, and repair or redo the substandard work listed above, at no additional cost to me.

2. Provide me with a written schedule by [within 3 days of receipt of letter] outlining when each remaining item will be finished. All work must be 100% completed no later than [reasonable deadline – e.g., 14 days from now, give a date].

3. [Alternatively or additionally, if work quality is a concern:] Bring in qualified, licensed professionals to correct the plumbing and electrical issues to meet code, and provide inspection reports upon completion.

Consequences if Not Resolved: If you do not comply with the above demands by the stated deadlines, I will have no choice but to take further action. This may include:

- Hiring another contractor to complete and fix your work, and holding you liable for those costs.

- Filing a formal complaint with [Province Consumer Protection Agency] and any relevant licensing boards to report your business practices.

- Initiating legal action against you to recover all monies paid and additional damages. (Please be advised that in [Province], I can pursue this in Small Claims Court for amounts up to $[limit], and your non-performance and breaches will be documented.)

I sincerely hope we can resolve this matter amicably and quickly. I would prefer to see the originally contracted work completed rather than resorting to legal remedies. However, I am fully prepared to enforce my rights if necessary.

Please respond in writing by [give a firm date, e.g., 5 business days from expected delivery] with your plan to fulfill your obligations and the timeline for completion. 

Failure to respond or make satisfactory progress by the dates outlined will confirm to me that you do not intend to honor our agreement, and I will proceed accordingly.

Thank you for your prompt attention to this matter. I expect your reply and action immediately.

Sincerely,

[Your Name]

Sample Notice of Contract Termination

(Use this letter after you have given the contractor opportunities to fix the issues (e.g., sent the above demand letter and the contractor failed to comply). It formally terminates the contract due to breach. Only send this if you truly intend to end the contract and possibly hire someone else. Adjust the details as needed.)

[Your Name]  

[Your Address]  

[City, Province, Postal Code]  

[Date]

[Contractor’s Name]  

[Contractor’s Business Name]  

[Contractor’s Address]  

Subject: Notice of Termination of Contract for [Project Description] at [Your Address]

Dear [Contractor’s Name]:

This letter serves as formal notice that I am terminating our contract dated [contract date] for [project description], effective immediately.

Reason for Termination: You have materially breached the contract by failing to perform the work as agreed. Specifically:

- You have not completed the project or made meaningful progress since [last work date], well beyond the agreed timeline.

- In spite of my written request on [date of your demand letter] outlining the deficiencies and giving you an opportunity to remedy the situation by [deadline given], you have [either “failed to respond” or “not completed the required work”]. As of today, the key issues remain unresolved ([briefly restate major incomplete work or defects]).

Your lack of action and communication indicates an unwillingness or inability to fulfill the contract. Therefore, I am exercising my right to terminate for cause.

Effect of Termination: 

- Work Stoppage: Do not perform any further work on my property. You no longer have permission to enter the premises for contract work. 

- Payment: I will not be making any further payments to you. (In fact, I will be seeking a refund of payments made, as noted below.)

- Equipment/Materials: If you have left any tools or materials on site, please contact me immediately to arrange a pickup time within the next 7 days. After [date], any remaining items will be considered abandoned.

Next Steps: I am now arranging for an alternate contractor to inspect, complete, and/or repair the work. Once I obtain quotes, I will calculate the additional costs incurred due to your breach. I reserve the right to pursue legal action to recover these costs as well as a refund of payments for work you did not finish. Initial estimates suggest that completing your work will cost approximately $___, which I intend to hold you responsible for.

I have already filed complaints regarding this matter with [Consumer Protection Agency or other body, if applicable] and will be providing them and/or the courts with full documentation of your breach.

I regret that we have come to this conclusion. Nonetheless, given the circumstances, I have lost confidence in your services and must mitigate any further loss.

Please acknowledge in writing that you have received this termination notice. You may direct any correspondence to me at the address above or via email at [your email].

Sincerely,

[Your Name]

Documentation Checklist

(Use this checklist to ensure you have all relevant evidence and documents related to your case. It can also be submitted as an exhibit in court to show your thorough record-keeping.)

  • Contract & Amendments: Original signed contract, any written change orders or addenda.

  • Project Scope & Plans: Copies of project plans, drawings, or specifications if applicable.

  • Payment Records: Proof of all payments made to the contractor (receipts, cancelled cheques, e-transfer confirmations). Note dates and what each payment was for (deposit, milestone, etc.).

  • Correspondence: All emails, text messages, letters, or notes of phone calls with the contractor. (Print out or screenshot text message threads and date them.)

  • Timeline of Events: A written chronology of the project – contract signing date, start date, dates when problems arose or work stopped, dates of communications, etc.

  • Photographic Evidence: Before and after photos of the work site. Photos highlighting incomplete work or defects:

    • Areas left unfinished (e.g. unpainted walls, missing fixtures).

    • Poor quality or damaged work (e.g. misaligned tiles, improper wiring visible).

    • Anything the contractor did that caused damage.

    • (Ensure photos are dated or you can testify when they were taken.)

  • Video Evidence: (If applicable) Walk-through video of the site explaining the issues.

  • Expert Reports/Estimates: If another contractor or inspector assessed the work:

    • Written report detailing deficiencies (with expert’s credentials).

    • Quote/estimate from a new contractor to fix or complete the job (to demonstrate the cost of remedy).

  • Relevant Laws or Codes: Printouts or references to any building code violations noted, or consumer protection law excerpts (e.g. the 10% rule on estimates (Frontenac News - Surviving Home Renovations under the Consumer Protection Act), cooling-off rights, etc. that bolster your case).

  • Complaint Documentation: Copies of any complaints filed (consumer protection agency, BBB, etc.), including reference numbers or responses received.

  • Logs of Attempts to Resolve: A record of phone calls (dates/times) you made to the contractor and notes on what was said or if you left voicemails. Also note any site visits where the contractor was a no-show.

  • Financial Impact Evidence: Receipts for any out-of-pocket expenses caused by the contractor’s breach:

    • Alternative living arrangements (hotel bills, if you had to move out during repairs).

    • Storage costs (if you had to store furniture, etc.).

    • Additional materials you purchased yourself to continue the work (if any).

    • Lost wages (if you took unpaid time off work to deal with the issue, attend court, etc. – some courts allow claiming this).

  • Contractor Information: Full details of the contractor:

    • Legal business name, owner’s name, addresses, phone numbers.

    • Any license or registration numbers (if they were supposed to be licensed, e.g. RBQ number, HST/GST business number, etc.).

    • Names of any subcontractors or workers you knew on the job.

  • Witness Statements: If any third-parties can back your story (neighbors who observed, etc.), have them write a brief statement or be prepared to testify. Note their contact info.

Check each item as you assemble it. Keep all this in a organized file or binder. This not only helps you build your case but shows others (the contractor, mediators, judges) that you are a diligent and credible homeowner.

Short Tutorials for Key Tasks

Below are brief “how-to” guides for some of the key tasks mentioned above, with a Canadian context in mind.

Filing a Consumer Complaint (Provincial Authority)

Filing an official complaint with your province’s consumer protection agency can prompt an investigation into the contractor’s practices. Here’s how to proceed:

  1. Find the Right Agency: Identify which government branch handles consumer complaints in your province:

    • Ontario: File through Consumer Protection Ontario (Ministry of Public and Business Service Delivery). You can call 1-800-889-9768 or use their online complaint form (Filing a consumer complaint - Ontario.ca).

    • British Columbia: Contact Consumer Protection BC (a provincial regulator) via their website’s “Have a Complaint?” page (Have a complaint? - Consumer Protection BC). Note: They oversee certain transactions; if it’s purely quality of work, they may say it’s outside their scope (Doing a reno? Don't forget these contract details), but if there were deceptive practices or a direct sales contract, they can act.

    • Alberta: Reach out to the Consumer Investigations Unit at Service Alberta. The process is to first call 1-877-427-4088 or email to discuss the complaint (File a consumer complaint against a business | Alberta.ca), then you may be directed to an online form. Alberta explicitly allows complaints for unfair practices like overcharging or working without a prepaid license (Construction estimates and consumer protection legislation | Miller Thomson) ( Service Scams ).

    • Quebec: Contact the Office de la protection du consommateur (OPC). They have an online complaint form and phone line. Communication can be in French or English. Quebec’s consumer laws are strong, especially if it was a door-to-door sale or misrepresentation.

    • Other provinces: Each has a Consumer Affairs office (see “Resources by Province” section for links). For example, Manitoba’s Consumer Protection Office, Saskatchewan’s Consumer Protection Division, Nova Scotia’s Service Nova Scotia, etc.

  2. Prepare Your Info: Before contacting them, compile a concise summary of your issue:

    • Contractor’s name, business name, address, phone.

    • Timeline of events (contract date, what went wrong, when).

    • Amount paid and any amount further demanded or at stake.

    • Steps you took (e.g. “I tried to resolve with a letter on X date, no response”).

    • Which laws you think were broken (if known): e.g. “Contractor took $10,000 deposit but didn’t have a license (in Alberta) ( Service Scams )”, or “They charged 20% more than the estimate without consent (What to Do If a Home Renovation Contractor Does Not Finish the Job)”.

  3. Submit the Complaint: Fill out the official complaint form (online or paper). Stick to factual, clear statements. Attach copies of key evidence (contract, receipts, correspondence). Many agencies allow uploading documents or will ask for them later.

  4. What to Expect: The agency will review your complaint and typically:

    • Acknowledge receipt and give you a file/reference number.

    • Potentially contact the contractor for a response or mediation.

    • If they find a violation of consumer protection laws, they might take enforcement action (ranging from warning letters, to fines, to charges in serious cases). For instance, Ontario’s ministry can issue compliance orders or put the business on the Consumer Beware List; Alberta’s CIU can recommend license suspension or penalties (Construction estimates and consumer protection legislation | Miller Thomson).

    • They might not resolve individual contract disputes or get your money back themselves, but their involvement can pressure the contractor. In some cases, a investigator’s call is enough to scare a contractor into offering a refund or solution.

  5. Follow Up: Stay in touch politely if you don’t hear back in a few weeks. Ask about the status of your complaint. Be aware some government investigations take time or may group your complaint with others if the contractor has multiple complaints.

  6. Parallel Actions: Filing a consumer complaint doesn’t bar you from suing or other remedies. You can (and should) still pursue small claims court or other steps in parallel. Just inform the agency if the matter gets resolved or goes to court.

  7. If the Agency Can’t Help: In some instances, they might say “this is a civil matter” (especially if it’s solely about quality of work and not an outright scam). If so, you’ve at least created a record. Turn your focus to legal action; you did not lose anything by reporting.

Always remain polite and cooperative with the agency staff – they are there to help consumers. Provide additional info if asked. Even if the outcome is just that the complaint is logged, you’ve contributed to tracking a problematic contractor.

Preparing for Small Claims Court

Small Claims Court is designed for laypeople, but you still need to be well-prepared. Here’s a roadmap to get ready:

  1. Research Your Province’s Process: Small claims rules vary. Check your provincial court website for a guide:

  2. Draft Your Claim: The claim (or “plaintiff’s claim” / “notice of claim”) is the document that starts the lawsuit. Write out a draft of the “Story” of your case. Key elements:

    • Parties: State your name and address as plaintiff, and the contractor’s legal name and address as defendant. If the contractor is a corporation, use the company name. (Pro tip: Do a quick business registry search if unsure of the exact legal name – suing the correct entity is important.)

    • Facts: Succinctly describe what happened in chronological order. Include dates. For example: “On March 1, 2025, I entered a written contract with the defendant for a bathroom renovation at my home. I paid a $5,000 deposit. The work was to be completed by April 30, 2025. By May, the work was only 50% done and of poor quality (tiles uneven, plumbing leaking). The defendant then abandoned the job on May 15, 2025 and did not return. I paid a total of $8,000. I hired another contractor to finish the job at a cost of $6,000, and incurred $500 in additional expenses due to the delays.”

    • Breach: State that the contractor’s actions constitute breach of contract (and any relevant consumer protection breaches).

    • Damages: Quantify what you seek: “Therefore, I claim $X in damages, comprising $Y paid for work not done or defective, $Z to fix/complete the work by others, and $W in additional costs and inconvenience.” Also indicate if you’re claiming court costs or any allowable interest. Keep it clear and factual – you’ll have a chance to provide more detail later or at trial. The claim doesn’t need to cite laws extensively, but mentioning a key point (like the 10% rule or a violation of a specific section) can be okay if relevant.

  3. File the Claim: Print and sign it (or electronically sign if filing online, which some provinces allow). File at the correct courthouse:

    • Usually, you file in the province and region where the contract was performed or where the defendant resides/does business. Check venue rules.

    • Pay the filing fee. Many courts accept credit card, debit, or online payment. Fees may be recoverable as part of judgment.

    • The court will stamp your claim and give you a court file number.

  4. Serve the Claim: Arrange to serve the contractor. Each province has rules on service. Common methods:

    • Personal service (someone 18+ hand-delivers to the contractor or an officer of the company).

    • Registered mail or courier with signature required.

    • If the contractor evades service, you can ask the court for substituted service (like serving via email or posting on their door, with permission). After service, complete an Affidavit of Service form detailing how and when you served, and file that with the court as proof.

  5. Contractor’s Response: If the defendant intends to defend, they’ll file a Defence. They might claim you owe them money (sometimes they file a counterclaim). Don’t be alarmed – read it carefully. Often, defenses from rogue contractors are weak (e.g. blaming you unjustly). Prepare to refute their points with evidence. If they don’t respond in time (often 20-30 days), you can move for a default judgment.

  6. Settlement Talks: Even after filing, you can negotiate. The court may schedule a mediation or settlement conference. Use that opportunity: maybe the contractor now realizes you’re serious and offers a partial refund or a payment plan. If you settle, put it in writing and file a notice of discontinuance (if the case is fully resolved) or the settlement agreement with the court if you want it to be an order.

  7. Trial Prep: If going to trial, prep like so:

    • Organize Evidence: Make a binder with all your documents, labeled as Exhibits. Bring at least 3 copies (for you, judge, and other side).

    • Outline your testimony: Jot down bullet points of what you’ll testify, in order. You can refer to this to stay on track.

    • Plan to prove each element: For breach of contract, you must show a valid contract, how they breached, and the damages you suffered. Check each with evidence: Contract (Exhibit A), Breach (photos of poor work, timeline showing no-show – Exhibits B, C, etc.), Damages (invoices from new contractor, receipts – Exhibit D, E, etc.). This approach helps you not forget anything.

    • Witnesses: If someone like an expert or neighbor is supporting you, ensure they know the date and are prepared. If they won’t come voluntarily, you can subpoena them (the court registry can issue a summons – do this well in advance).

    • Practice: Run through explaining your case aloud. This will build confidence. Focus on being chronological and clear.

  8. Courtroom Tips: On your trial day, dress neatly (no need for suit and tie unless you want; business casual is fine). Address the judge as “Your Honour”. Don’t interrupt the judge or the other side; you’ll get your turn to speak or ask questions.

    • Start by presenting your story and evidence. Courts often let the plaintiff go first.

    • Speak to the judge, not the contractor, when making your points.

    • Use your evidence: “As you can see in Photo 1 (Exhibit B) (What to Do If a Home Renovation Contractor Does Not Finish the Job), the tiling was left incomplete. The contract (Exhibit A) specifies tiling the entire backsplash, but only half was done.”

    • If the judge asks questions, answer directly and honestly. If you don’t know, say so.

    • When the contractor speaks, take notes. You’ll get to rebut. If they lie about something, you can later say, “I’d like to clarify [or rebut] a point the defendant made…” and present evidence or witness to the contrary.

    • Stay calm, even if the contractor tries to provoke you or shift blame. Being the reasonable party will make a good impression.

  9. Judgment: After hearing both sides, the judge will either give a decision on the spot or later in writing. If you win, great. If you lose or get less than you wanted, the judge will explain why. (If you strongly disagree, you sometimes can appeal, but appeals in small claims are limited and you should get legal advice on that.)

  10. Collecting Money: If you win a money judgment, send a written request to the contractor to pay, including where to send payment, etc. If they don’t pay by the deadline given in the judgment (or within a reasonable time), you can use enforcement measures:

    • File a Writ of Execution with the court or sheriff – this allows seizure of assets or property sale in some cases.

    • Garnishment: You can ask the court to garnishee the contractor’s bank accounts or accounts receivable (if you know where they bank or who owes them money) ( Service Scams ).

    • Lien on property: If the contractor owns real estate, registering the judgment against their property can force them to pay when they refinance or sell.

    • In some provinces, you can have the person summoned for a payment hearing to disclose their finances. Enforcement steps also have small fees, which can often be added to what they owe. Persistence is key – some contractors pay up once they see you’re doing things like garnishment.

Remember, small claims procedures are meant to be accessible. Judges often appreciate when a claimant is organized and has clearly done their homework. By following the above preparation steps, you’ll increase your chances of success significantly.

How to Hire a Lawyer or Paralegal

If you decide you need professional legal help, here’s how to go about finding and hiring someone suitable:

  1. Determine the Type of Help: For a contractor dispute:

    • A lawyer (barrister/solicitor) can handle any aspect, and is necessary if your claim is above small claims limits or gets complex.

    • A paralegal (in Ontario) can represent you in small claims or provincial tribunals typically up to the small claims limit (they cannot appear in higher courts). Paralegals often charge less per hour than lawyers.

    • In Quebec, you’d want an avocat (lawyer) since paralegal roles differ there. In other provinces without licensed paralegals, you either represent yourself or hire a lawyer.

  2. Gather Referrals: Use trusted sources:

    • Friends/Family: Ask if they know a good lawyer who handled a similar issue.

    • Law Society Referral Services: Most provincial law societies have a referral program. E.g. in Ontario, the Law Society Referral Service (LSRS) can connect you with a lawyer for a free 30-minute consultation. In BC, the Lawyer Referral Service offers an initial consult for a small fee (like $25).

    • Legal Aid/Clinics: If you have low income, check if a local legal clinic can assist. (Some community legal clinics handle consumer matters for eligible clients, especially if it impacts housing or livelihood.)

    • Online Directories: Websites like Canadian Law List, Find-a-Lawyer (by provincial law societies), or even lawyer rating sites can be useful. Focus on those listing civil litigation or contract law or construction law as practice areas, and ideally mention consumer or small claims experience.

    • Pro Bono organizations: In some provinces, organizations like Pro Bono Ontario (which runs help centers for self-rep litigants in Toronto/Ottawa small claims), Access Pro Bono in BC, etc., could provide free guidance. They might not take your whole case, but can advise.

  3. Initial Consultation: Once you have one or a few names, set up a consultation. Many lawyers will do a brief initial meeting for free or low cost – clarify this when booking. In the consult:

    • Explain your situation and what outcome you want (e.g. finish the project or get money back).

    • Ask the lawyer if you have a strong case, what they recommend as next steps, and an estimate of legal fees/costs.

    • Ask about their experience with similar cases (have they sued contractors before? Do they know relevant consumer laws?).

    • Inquire about options like a demand letter or limited scope representation if you only want help in certain parts.

    • Gauge if you’re comfortable with them – communication, interest in your case, etc., matter a lot.

  4. Discuss Fees: Lawyers typically charge hourly (anywhere from $150/hour in smaller locales or for junior lawyers, up to $400+/hour for experienced litigators in big cities). Paralegals might be in the $50-$150/hour range. Some might offer a flat fee for specific tasks (e.g. $500 to draft a demand letter, or $1500 to handle a small claims trial). Make sure you understand:

    • Their billing increment (most bill in 0.1 or 0.25-hour increments).

    • If a retainer (advance deposit) is required and how much.

    • What costs (disbursements) you might also pay (court fees, process server, etc.).

    • If they think some costs/fees could be recovered from the other side if you win (in small claims, usually only modest legal fees are awarded if any). If you have a tight budget, be upfront. Some may be flexible or at least tell you how to maximize your value (e.g. you handle the easy parts, they step in for the critical parts).

  5. Retainer Agreement: If you hire them, you’ll sign a retainer agreement or engagement letter. Read it – it outlines the scope of work and fee structure. Don’t hesitate to ask questions. For example, if you only want them for the demand letter and negotiation stage, ensure it says that (so you’re not on the hook for full trial prep unless you later agree).

  6. Working with Legal Counsel:

    • Provide them all relevant documents promptly. It saves time (and your money) if you hand over an organized file of evidence.

    • Clarify your preferred communication method (email tends to be efficient and creates a record).

    • Ask for updates periodically if they don’t automatically provide them.

    • You are the decision-maker: the lawyer will advise, but you decide whether to accept a settlement or pursue a certain action. Ask them about pros/cons of choices, but the final call is yours.

    • Keep an eye on costs. It’s okay to ask for a rough budget or to be informed when fees reach a certain threshold.

  7. If Costs are a Barrier: If formal representation is too pricey, consider unbundled services:

    • You could hire a lawyer just to review your drafted small claims forms or to coach you for the hearing (some advertise unbundled services).

    • Some law schools have clinics or students (under supervision) who help with cases pro bono.

    • In a pinch, even hiring a paralegal or law student as a consultant (not to formally represent, but to help you prep) can be an affordable middle ground.

  8. Outcome and Wrap-up: Once your matter is resolved, ensure the lawyer-client relationship is properly concluded:

    • If you won and collected money through the lawyer, they’ll deduct their fees per the agreement from trust funds and give you the remainder (with a statement).

    • If you still need to enforce judgment, decide if you want to retain them further for that.

    • If you’re happy, consider leaving them a positive review or referral.

Hiring legal help can take a load off your shoulders, especially if the stakes are high or you’re not comfortable with confrontation. Even a little professional help can go a long way in holding a bad contractor accountable.

Useful Resources by Province

Below is a list of official resources – including consumer protection authorities, small claims court info, legal aid, and relevant complaint channels – organized by province (and territory). Use these links and contacts for guidance specific to your location:

Ontario

Quebec

British Columbia

Alberta

Saskatchewan

Manitoba

  • Manitoba Consumer Protection Office: Contact them for issues under The Consumer Protection Act. Phone: 1-800-782-0067. They oversee unfair business practices, and Manitoba has a Home Improvement Contracts regulation too. Info: https://www.gov.mb.ca/cca/cpo/. They can mediate complaints or take action if laws were broken.

  • Manitoba Small Claims Court: Operates as part of the Court of King’s Bench. Limit is $15,000, but increasing to $20,000 effective Jan 1, 2025 (NOTICE). Check https://www.manitobacourts.mb.ca/court-of-kings-bench/small-claims-court/ for guides. Forms are available online. Note MB small claims might still formally say $15k until the new limit kicks in.

  • Legal Aid Manitoba: https://www.legalaid.mb.ca/ – usually not for contract disputes, but you can inquire.

  • Legal Help Centre (Winnipeg): Offers workshops and clinics for self-represented parties in civil matters. http://legalhelpcentre.ca/.

  • Law Phone-in & Lawyer Referral (MB): The Community Legal Education Association runs a “law phone-in” service (204-943-2305 or 1-800-262-8800) where you can get free legal info and a referral. They often help with small claims questions.

Nova Scotia

  • Nova Scotia Consumer Affairs (Service NS): Handles consumer complaints, including home contractors. Contact 1-800-670-4357 or https://beta.novascotia.ca/consumer-awareness-and-complaints. NS has a Consumer Protection Act that covers unfair trade practices. They can investigate or mediate certain complaints.

  • Nova Scotia Small Claims Court: Handles claims up to $25,000 (Small Claims Court | The Courts of Nova Scotia). It’s somewhat unique: matters are heard by adjudicators (who are lawyers appointed to the court). It’s designed to be quick and less formal. Official info: https://www.courts.ns.ca/courts/small-claims-court (Small Claims Court | The Courts of Nova Scotia). In NS, you cannot claim general damages over $100 in Small Claims (Small Claims Court | The Courts of Nova Scotia), but you can claim out-of-pocket losses. You can be represented by a lawyer, but many self-represent.

  • Legal Aid (NS): https://www.nslegalaid.ca/ – unlikely to cover a purely civil dispute like this unless it affects housing seriously. However, NS Legal Aid does have “Summary Advice” lawyers who might give basic advice to anyone on certain issues (they have started doing this in some areas). Worth asking.

  • Legal Information Society of NS (LISNS): They have a legal information line 1-800-665-9779 and can refer you to a lawyer. Also check https://www.legalinfo.org/ for guides.

  • Small Claims Court Appeals: Note in NS, if either party is unhappy, appeals go to the Nova Scotia Supreme Court, but they’re limited to errors in law or jurisdiction, not a re-do of facts.

New Brunswick

Newfoundland & Labrador

Prince Edward Island

Territories (Yukon, NWT, Nunavut)

  • Yukon Consumer Services: Yukon has a Consumer Services unit (which might be part of Community Services or Justice). They enforce the Consumer Protection Act. Contact via Yukon government website or call Inquiry line 867-667-5111 to be directed.

  • Yukon Small Claims Court: Limit is $25,000 (Yukon Small Claims Court - CFCJ-FCJC). Small claims is handled in the Territorial Court. Info: https://yukoncourts.ca/courts/territorial-court/small-claims. They have forms and a guide (see the PDF “What is Small Claims Court?” ([PDF] What Is Small Claims Court?)). Legal Aid Yukon might not handle this, but Yukon Legal Services Society can be asked.

  • NWT Consumer Affairs: NWT has a Consumer Affairs division under Municipal and Community Affairs (MACA) or Justice. Contact 867-767-9256 ext 82181.

  • NWT Small Claims (Civil Claims) – Territorial Court: Limit is $35,000 (Territorial Court :: Courts of the Northwest Territories). Info: https://www.justice.gov.nt.ca/en/territorial-court-civil-claims/. You can self-represent or have a lawyer. Law Society of NWT has a lawyer referral (867-873-3828).

  • Nunavut: Nunavut has consumer protection laws similar to NWT inherited. Contact Nunavut Legal Registry or Consumer Affairs through the Government of Nunavut (Dept of Justice).

  • Nunavut Small Claims: Limit is likely $20,000 (Nunavut’s rules usually mirrored NWT before NWT’s increase). Check Nunavut Court of Justice information or call the court registry in Iqaluit. Due to Nunavut’s unique situation, community justice centres or legal clinics (Nunavut Legal Aid) might assist in civil matters more so than down south.

Lastly, for nationwide references: The federal Competition Bureau handles deceptive marketing practices nationwide – usually not applicable to a single local contractor dispute, but if a contractor engaged in egregious false advertising, a report could be filed. Also, the Canadian Anti-Fraud Centre (1-888-495-8501) takes reports of scams, including contractor fraud scams, which can help track serial offenders.

By using the above resources and following the steps in this guide, you are well-equipped to stand up for your rights as a homeowner.

If you've faced issues with a contractor, you're not alone—many homeowners have been exactly where you are. By following this guide, you'll be prepared to protect yourself, resolve disputes, and reclaim peace of mind in your home.

Going forward, consider posting your renovation or home improvement projects on Bidmii, where funds are securely held in trust until you're happy with the work. This way, you'll never have to pay upfront or worry about being left in the lurch again.

If you found this guide helpful, we'd love for you to help us spread the word! Share it with your friends, family, or neighbors who might benefit from safer, more transparent renovations. Together, we can empower more homeowners—and hold more contractors accountable—making renovations better for everyone.

Legal Disclaimer: This guide provides general information to help you navigate contractor disputes, but it is not legal advice. Bidmii is not a law firm and does not offer legal representation. For advice on your specific situation, we encourage you to consult a licensed lawyer in your jurisdiction.