Suing for Unpaid Invoices in Ontario & BC
An unpaid invoice is not just an accounting problem — it is a legal claim with a two-year expiry date. Whether you are a contractor, consultant, freelancer, or supplier, the money you are owed is recoverable through a process built precisely for this: a formal demand, then Small Claims Court, then enforcement against the debtor's wages, accounts, or property.
Start with a demand letter — most invoices get paid before court
A demand letter on a legal representative's letterhead changes the conversation. It tells the debtor you are prepared to litigate, sets a deadline, and starts building the paper trail a judge will later expect to see. In our practice, a substantial share of invoice disputes resolve at this stage — the debtor was ignoring you, not disputing the debt.
Where your claim goes
In Ontario, invoice claims up to $50,000 proceed in Small Claims Court, with e-filing and most hearings by Zoom. In British Columbia, claims up to $5,000 go to the online Civil Resolution Tribunal and claims from $5,001 to $35,000 to the Provincial Court. Multiple invoices owed by the same debtor can usually be combined into a single claim.
Winning is half the job — collecting is the other half
A judgment is a piece of paper until it is enforced. We plan enforcement before filing: does the debtor have garnishable receivables, a bank account, real property, or an employer? Our investigative background — 27.5 years of police service — is aimed at exactly this question, so you do not spend money suing someone who cannot pay.
How We Help With This
Common Questions
How long do I have to sue over an unpaid invoice?
The basic limitation period in both Ontario and BC is two years from when you discovered the claim — generally when the invoice went unpaid past its terms. Partial payments or written acknowledgments can reset the clock, but do not count on it: act early, while the debtor still has assets and your evidence is fresh.
The client disputes the quality of my work. Can I still sue?
Yes. Quality disputes are the most common defence to an invoice claim, and they are won with documentation: the contract or quote, change orders, delivery records, and correspondence. We build that file the way an investigator would before the claim is ever served.
Is it worth suing for a $3,000 invoice?
Often, yes. Filing fees are modest, the process is streamlined (especially the BC CRT, which is fully online), and a successful party can typically recover disbursements and, in Ontario, a representation fee. We give you an honest cost-benefit assessment before you commit.
Where We Handle These Disputes
Representation across Ontario and British Columbia — virtually and in person.
All service areasOther Dispute Guides
More common small claims scenarios, explained.