What are the steps to sue someone for breach of contract in Ontario?
Suing for a contract breach in Ontario generally follows several stages. First, send a written demand letter setting out what the other party did wrong and what remedy you need — this is required before most court filings and sometimes resolves matters without litigation.
If the dispute is unresolved, choose the right court. Claims up to $35,000 go to Small Claims Court, which is designed to be accessible without a lawyer, though legal advice is still valuable. Larger claims go to the Superior Court of Justice and involve more complex procedures including pleadings, discoveries, and potentially a trial.
After filing your claim, the other party serves a defence. Both sides typically exchange documents and, in Superior Court, attend examinations for discovery. Many cases settle before trial through negotiation or a mandatory mediation session (required in Toronto, Ottawa, and Windsor for civil claims). If no settlement is reached, the case proceeds to trial before a judge.
Throughout, strict limitation periods apply. Missing a deadline can cost you the right to sue, so it is important to act promptly and get legal advice early.
Key takeaways
- Start with a written demand letter before filing any court claim.
- Small Claims Court handles disputes up to $35,000.
- A two-year limitation period generally applies — do not delay.
- Most Ontario civil disputes settle before trial.