- If your booking went through an agency that then dealt with an airline, hotel, or tour operator, you may have claims against more than one party, and it’s worth identifying which entity…
- - Breach of contract — the booking confirmation and what you paid for didn’t match what was actually provided, or wasn’t provided at all - Failure to refund — a refund was owed under the…
- Litigation isn’t always the fastest first step.
A cancelled trip, a refund that never materializes, or a booking that didn’t match what you paid for can leave you out thousands of dollars with a travel company that stops returning your calls. When that happens, you can generally sue a travel agency or airline in Ontario Small Claims Court — but figuring out exactly who to sue, and through which process, is the first thing to get right.
Travel Agency vs. Airline: Who Do You Sue?
| Situation | Likely target |
|---|---|
| Agency booked the wrong dates, hotel, or package, or misrepresented what was included | The travel agency |
| Agency collected payment but never actually booked or paid the airline/hotel | The travel agency |
| Airline cancelled or significantly changed a flight | Often the airline, though this can also involve a federal complaints process (see below) |
| Airline lost baggage or denied boarding | Often the airline |
| Trip cancelled due to the supplier (hotel, tour operator, cruise line) going out of business | The specific supplier, and potentially the agency depending on what it promised |
If your booking went through an agency that then dealt with an airline, hotel, or tour operator, you may have claims against more than one party, and it’s worth identifying which entity actually failed to deliver what was promised to you.
Common Grounds for a Claim
- Breach of contract — the booking confirmation and what you paid for didn’t match what was actually provided, or wasn’t provided at all
- Failure to refund — a refund was owed under the agency’s or supplier’s own cancellation policy and simply wasn’t paid
- Misrepresentation — the agency described the accommodations, itinerary, or inclusions inaccurately, and you relied on that description in booking
- Non-performance — the trip or service was cancelled and no reasonable substitute or refund was offered
Before You Sue: Other Complaint Options
Litigation isn’t always the fastest first step. Before filing, consider:
- The agency’s or airline’s own complaint and refund process — many have a formal escalation path that’s faster than court, even if frustratingly slow on its own terms.
- A credit card chargeback — if you paid by credit card, your card issuer’s dispute process can sometimes recover payment for services never rendered, independent of suing anyone.
- A federal complaint, for flight-specific issues — disputes specifically about a flight (cancellations, delays, denied boarding) can also fall under federal air passenger rules and a complaints process through Canada’s transportation regulator, which runs separately from a civil claim in Ontario’s courts. This is worth checking in parallel with, or before, a Small Claims claim.
None of these options prevent you from suing afterward if they don’t resolve things — but trying the fastest path first can save you the time and cost of litigation.
Evidence to Gather
- [ ] The booking confirmation, itinerary, and any marketing material describing what was included
- [ ] Proof of payment
- [ ] All correspondence with the agency, airline, or supplier, especially anything acknowledging a problem or promising a refund
- [ ] The agency’s or airline’s stated cancellation and refund policy at the time of booking
- [ ] Your written demand letter and their response, if any
Filing in Small Claims Court
- Send a formal demand letter identifying the amount owed, why it’s owed, and a firm deadline to pay.
- File a Plaintiff’s Claim against the appropriate party (or parties). Travel disputes typically fall within Small Claims Court’s monetary jurisdiction, currently $50,000 exclusive of costs and interest (current as of mid-2026 — confirm before filing, since this limit is adjusted periodically).
- Serve the defendant properly. For a company, this generally means its registered or head office; for an out-of-province or international business, service rules can be more involved.
- Watch for a Defence, or move for default judgment if none is filed.
- Attend the mandatory settlement conference if the claim is defended, before the case can proceed to trial.
Frequently asked questions
The travel agency is based outside Ontario, or outside Canada entirely. Can I still sue here?
It depends on where the contract was made, where you’re located, and whether the company does business in Ontario. This is a genuinely tricky jurisdictional question worth raising with a lawyer before you file, since service and enforcement get harder the further away the company is.
What if I already got a partial refund and I’m disputing the rest?
You can generally sue for the balance still owed. Keep clear records of exactly what’s been refunded and when, since the calculation matters for both your claim and any defence the company raises.
Does travel insurance change whether I can sue the agency or airline separately?
Not necessarily. Travel insurance and a claim against the agency or airline are usually separate tracks — an insurance payout may cover some of your loss, but if the agency or airline still breached its own obligations to you, that claim can often still proceed, potentially with an adjustment for what insurance already covered.
Is it worth suing over a few hundred dollars in fees the agency won’t refund?
Small Claims Court is built for exactly this kind of dispute, with a filing fee that’s modest relative to what you’re claiming. Weigh the fee, the time involved, and the strength of your paper trail before deciding.
This is a litigation question
Start a file online — flat, published fees, reviewed by a licensed Ontario lawyer before a dollar is owed.