We hired a general contractor for a basement renovation in our Durham Region home. He took a 40% deposit, disappeared after one week of work, and never returned. I documented the process of recovering through Ontario Small Claims Court.
The timeline:
- May 3: Contract signed, 40% deposit ($14,800) paid by e-transfer
- May 10: Contractor on-site for 5 days, framing started
- May 17: Contractor stops showing up, stops responding to calls and texts
- June 1: Registered letter sent to contractor demanding return to site or refund within 14 days
- June 15: No response — decided to file Small Claims
Filing the claim:
- Durham Region Small Claims Court, Toronto Small Claims Division
- Claim amount: $14,800 deposit + $1,200 for remedial work to fix improper framing = $16,000
- Filing fee: $204
- Filed by myself — no lawyer for filing
What I gathered:
Contract (signed, clear scope), all e-transfer records, text message logs (he had promised in writing to return), photos of the incomplete and improperly framed work, quote from a second contractor to remediate the framing.
The process:
- Served contractor in person (friend acted as process server, affidavit filed)
- Settlement conference scheduled: defendant didn’t appear
- Trial date set
- Defendant didn’t appear at trial
- Default judgment awarded: full $16,000 + $204 filing fee
Collection:
This is where it gets real — winning the judgment doesn’t mean you collect. The contractor had no assets I could identify easily. Filed a Writ of Seizure and Sale — if he ever has wages garnished or assets seized in Ontario, I collect.
Net outcome:
I eventually found he had a bank account (a mutual acquaintance helped) and filed for bank seizure through the court’s enforcement office. Recovered $9,400 before he drained the account. Still owed $6,800.
What I’d tell anyone:
File quickly. The sooner you file, the more likely the contractor still has accessible assets. Small Claims is absolutely manageable without a lawyer for clear-cut breach of contract cases. Document everything in writing from day one.