What can I do if a software developer fails to deliver what was contracted in Ontario?

Software development contracts give rise to frequent disputes in Ontario, often because scope, deliverables, and acceptance criteria were poorly defined at the outset. When a developer fails to deliver functioning software, delivers it late, or delivers something materially different from what was contracted, the client has a breach of contract claim.

The key challenge in these disputes is proving what was actually required. A detailed statement of work, functional specifications, and acceptance testing criteria are central evidence. Without them, disputes about whether software "works" often come down to expert testimony from competing software engineers, which is expensive.

Damages claims can include the cost of having the software completed or remediated by another developer, the cost of replatforming to a different solution, and business losses caused by the delay — if those were reasonably foreseeable at the time of contracting. A duty to mitigate applies.

Many technology contracts also contain limitation of liability clauses capping recovery, sometimes at the total fees paid. Review the contract carefully before assuming you can recover your full loss.

If significant money is at stake, a litigation lawyer with experience in technology disputes can help you assess the contract, identify expert witnesses, and determine the most realistic remedies. Small Claims Court handles claims up to $35,000; larger matters proceed in the Superior Court.