Can I sue an auto repair shop in small claims court in Canada?
Yes. Disputes with auto repair shops — unauthorized repairs, overcharging, poor workmanship — are common in small claims court. In Ontario, the Motor Vehicle Repair Act (MVRA) requires written estimates and authorization before exceeding them. You can claim the unauthorized overcharge and the cost to fix defective repairs.
What is the Motor Vehicle Repair Act in Ontario?
Ontario's MVRA requires repair shops to provide written estimates before starting work, get written authorization before exceeding the estimate, return replaced parts on request, and provide an itemized invoice. Shops that violate the MVRA face fines and are liable for the unauthorized charges. MVRA complaints can be filed with OMVIC.
What if a mechanic refuses to release my car in Canada?
A mechanic has a right to hold your vehicle until paid (a mechanic's lien). However, if you dispute the charges, you can pay under protest (get a receipt noting 'paid under protest') and then sue in small claims court. Do not simply abandon the dispute — paying under protest preserves your right to sue while getting your car back.