Can I sue a contractor in small claims court in Canada?
Yes. Small claims court is commonly used for contractor disputes involving poor workmanship, incomplete work, or overcharging. You can claim the difference between what you paid and the value of work done, plus the cost to have another contractor fix or complete the work. Get written quotes from at least two other contractors to support your repair cost estimate.
What evidence do I need to win a service dispute in small claims court?
Key evidence includes: the original contract or estimate (written or email), receipts and bank records showing what you paid, photos or videos documenting the deficient work, written quotes from other contractors to fix the work, and any communications with the contractor. A demand letter sent before filing strengthens your position.
What is quantum meruit in Canadian small claims court?
Quantum meruit ('as much as deserved') is a legal principle that allows a court to award the reasonable value of services actually performed, even without a written contract. It prevents unjust enrichment. In a service dispute, courts may use quantum meruit to determine what portion of the work was actually done and what it was worth.