Winning a Cornwall Small Claims Case Against Unrepresented Homeowners

The situation

Hua ran a small renovation business out of Cornwall, doing kitchen and bathroom work for homeowners across the area with a crew of two. In late 2025 she finished a bathroom renovation for Kofi, an electrician, and his partner Jing, an elementary school teacher, who had signed a fixed-price contract worth about $34,000 on their home. Kofi handled most of the day-to-day communication with Hua as the job progressed, from the original quote to approving changes as they came up, while Jing signed off on each instalment as it was paid. The couple paid two of the three scheduled instalments on time, but when the final invoice for roughly $10,000 came due at completion, both of them stopped responding to calls and texts. Hua tried for several weeks to reach them before deciding the debt was not going to resolve itself on its own. She kept every text message and call log from that period, without fully realizing at the time how much that habit would matter once the dispute reached a courtroom.

Hua had worked with Kofi and Jing for nearly three months without a single missed payment before the final instalment came due, which is part of why the sudden silence caught her off guard. By the time Hua came to Treadstone Law, the unpaid balance had grown. On top of the final $10,000 instalment, she was also owed for two change orders Kofi had verbally approved during the job — extra tile work and a vanity upgrade, together worth about $18,000 — which she had invoiced separately but never collected. The total outstanding was close to $28,000, placing the dispute at the upper end of what Small Claims Court in Ontario can hear. Small Claims Court is a division of the Superior Court designed for lower-value civil disputes, with simplified rules, no formal discovery process, and a monetary ceiling above which a claim has to go to the regular Superior Court instead.

The problem

The claim itself was solid. Hua had a signed contract, timestamped photos of the completed work, and text messages showing Kofi's approval of both change orders before the extra work began. On paper, the claim looked straightforward. But two things complicated it.

First, Kofi's silence eventually broke — with a letter, sent on behalf of both him and Jing, alleging that the tile work in the bathroom was defective and that they had been forced to hire another contractor to fix it, at a cost they said exceeded what was owed. They did not provide an invoice or estimate for this repair work, but the allegation still had to be taken seriously, because a properly pleaded defence claiming deficient work can reduce or even eliminate what a court awards, regardless of how strong the plaintiff's paperwork otherwise is. A judge weighing that kind of defence has to consider it on its own terms, whatever the state of the paperwork on the other side of the file.

Second, and less obviously, Kofi and Jing represented themselves throughout the case rather than hiring a lawyer. Self-represented opponents are common in Small Claims Court, where legal fees can easily exceed the amount in dispute, and Ontario's courts are generally accommodating of parties who don't have counsel. That accommodation is a double-edged sword for the other side: judges will often give self-represented litigants more latitude on procedure, more time to respond to materials, and more patience with missed deadlines than they would extend to a party with a lawyer. What should have been a fast, document-driven case instead became a test of endurance, with two adjournment requests from Kofi and Jing and a settlement conference that had to be rescheduled when they said they needed more time to gather their own evidence.

What we did

1. Filed a tightly documented claim. The claim set out the contract price, the two paid instalments, the outstanding final instalment, and the two change orders, with the underlying invoices, photos and text-message approvals attached as exhibits. Keeping the paper trail organized and dated mattered more than usual, because a self-represented opponent is more likely to dispute facts informally, in emails or at hearings, rather than through a formal, evidence-based defence.
2. Responded to the deficiency allegation directly rather than dismissing it. We asked Kofi and Jing, through the court's disclosure process, to produce the invoice or estimate for the repair work they claimed to have paid for. When none was produced by the deadline, that gap became part of the record — not proof of dishonesty, but a real weakness in a defence built on an unsupported dollar figure.
3. Attended the settlement conference prepared to negotiate, not just to argue. Small Claims Court requires a settlement conference before trial, a mandatory meeting with a judge where the parties try to resolve the case without a full hearing. We proposed a modest reduction to account for two minor finishing touch-ups Kofi had raised that were fair, while holding firm on the bulk of the claim, which had no credible answer on the evidence filed.
4. Kept the process moving despite the delays. Each time Kofi and Jing sought an adjournment, we consented where the request was reasonable to avoid antagonizing the court unnecessarily, but pressed for firm new dates rather than open-ended extensions, and kept written records of every missed deadline in case costs became relevant later. That record mattered later, because a judge weighing a costs award wants to see who caused the delay, not just that delay happened.
5. Prepared for trial on the assumption it would happen. Because Kofi and Jing never formally withdrew their deficiency defence, we treated the case as headed for a full hearing throughout, lining up Hua and a tile subcontractor as witnesses and organizing the photographic evidence into a clear chronological sequence for the judge. Assuming a settlement at the last minute and preparing accordingly would have left Hua badly exposed if that assumption turned out to be wrong.

The outcome

The case did go to trial, roughly eight months after Hua first came to us — well beyond what a well-organized claim against a represented defendant might have taken, but not unusual once repeated adjournments and scheduling delays common to a busy Small Claims Court are factored in. At trial, Kofi and Jing were unable to produce any evidence supporting their claimed repair costs and struggled to counter the dated photographs showing completed, workmanlike tile installation. The judge awarded Hua roughly $24,000 of the approximately $28,000 claimed, deducting a modest amount for the two touch-up items that had genuine merit, plus partial recovery of her court filing fees.

It was a real win on the substance of the case — Hua's paperwork and preparation carried the day — but not a clean or fast one. The eight-month timeline meant Hua carried the unpaid receivable on her books through an entire winter slow season, and collecting on the judgment took further effort afterward, since a court judgment is not itself a cheque; enforcing it against a debtor who still doesn't pay voluntarily can require additional steps such as garnishment or a writ against property. In this case Kofi and Jing paid within a few weeks of judgment rather than forcing further enforcement action, but Hua had no way to know in advance that they would.

Hua also learned that Small Claims Court's informality, while helpful for keeping her own legal costs proportionate to the claim, cuts both ways: the same relaxed rules that let her file and argue the case without excessive formality also gave Kofi and Jing room to stretch the timeline far longer than the paperwork alone would have justified. The experience changed how Hua now runs her contracting business. She implemented a stricter policy requiring all change orders to be confirmed in writing before work begins, not just approved by text partway through a job, and she now holds a larger final instalment until a walkthrough is signed off, rather than releasing most of the contract price before the last details are complete.

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