Homeowner vs. Contractor: Small Claims or Superior Court in Ontario?

Your renovation went badly, the contractor won't fix it or won't finish, and you've decided to sue. The next question — which court — matters more than it might seem. File in the wrong one and you could face delays, extra cost, or a claim that has to be started over. This article walks through how Ontario decides which court a homeowner-contractor dispute belongs in, and why a lien claim changes the answer entirely.

The Three Tracks for Civil Money Claims in Ontario

Ontario runs civil money disputes on three tracks, and which one applies generally depends on the size and complexity of the claim:

1. Small Claims Court — designed for self-represented parties, with simplified procedure and relaxed evidence rules. It handles claims up to a set monetary jurisdiction (confirm the current limit before filing, since it's set by regulation and adjusted periodically).
2. Simplified Procedure — a streamlined Superior Court process for mid-sized claims, with limited discovery and generally no jury, meant to reduce cost and delay compared to the full ordinary process.
3. Ordinary Superior Court of Justice procedure — the full civil process, generally used for larger or more complex claims, and typically lawyer territory.

For most residential renovation and construction disputes, the amount you're claiming is the first filter: if it fits comfortably within Small Claims Court's jurisdiction, that's usually the fastest, cheapest, and most homeowner-friendly option.

Why the Amount Isn't the Only Factor

Here's the twist that catches a lot of homeowners off guard: if a construction lien is involved, the case generally has to proceed in the Superior Court of Justice, regardless of the dollar amount.

Small Claims Court doesn't have jurisdiction to deal with lien claims under the Construction Act. So if you (or the contractor) has registered — or plans to register — a lien against the property, even a relatively modest dispute can end up in the Superior Court's ordinary process.

This matters in both directions:

• If you're the homeowner and the contractor has registered a lien claiming they're owed money, you may need to respond in Superior Court even if the amount is small enough for Small Claims Court on its own.
• If you want to register your own lien — less common for homeowners than for unpaid subcontractors, but possible in some fact patterns — that claim also belongs in Superior Court.

Comparing the Options

A Simple Way to Think Through It

• Is a lien registered, or likely to be? If yes, expect Superior Court regardless of the amount.
• Is the claim within the Small Claims Court's current monetary jurisdiction, and there's no lien involved? Small Claims Court is usually the right starting point.
• Is the amount above Small Claims Court's jurisdiction but the case is relatively straightforward? Simplified Procedure may apply, depending on the amount.
• Is the amount large, the facts complex, or is a lien in play? Ordinary Superior Court procedure, with a lawyer, is generally the path.

What Happens Once You've Picked a Court

Regardless of the track, the basic shape of a lawsuit is similar: you (or your lawyer) start the claim, the contractor is served and has a set period to respond, and if they don't respond in time you can generally move for a default judgment. If they do defend, Small Claims Court requires a mandatory settlement conference before trial; Superior Court cases in some regions are subject to mandatory mediation before trial as well, though this doesn't apply everywhere or to every type of claim.

Winning a judgment isn't the end of the process — if the contractor doesn't pay voluntarily, you generally need to take active enforcement steps, such as garnishment or a writ of seizure and sale, since the court doesn't collect the money for you.

Frequently asked questions