What counts as a breach of contract in Ontario?
A breach of contract happens when one party to a binding agreement fails to do what they promised — or does something they agreed not to do. In Ontario, courts look at whether a valid contract existed (offer, acceptance, consideration, and intention to be bound), and whether one party's conduct fell short of what was required under it.
Breaches come in different forms. A material breach is a serious failure that goes to the heart of the deal, entitling the other party to treat the contract as ended and claim damages. A minor or partial breach may give rise only to a damages claim, not a right to walk away. An anticipatory breach happens before the performance date, when one party makes clear they will not perform at all.
The practical first step is to document everything — the signed agreement, communications, and the specific failures — so a lawyer can assess what kind of breach occurred and what remedies are realistically available.
Key takeaways
- A breach requires a valid contract plus a failure to perform as promised.
- Material breaches may let you end the contract; minor ones generally do not.
- Anticipatory breach lets you act before the performance deadline passes.
- Document the agreement and all communications before pursuing a claim.