In an age where online marketplaces like Kijiji, Facebook Marketplace, and Craigslist are more popular than ever, private sales between individuals have become a routine part of everyday life in Canada. While these platforms offer convenience and affordability, they also carry legal risks that are often overlooked—until a deal goes wrong.

What happens when a buyer or seller does not follow through on their end of the bargain? Can you sue someone over a bad online purchase? The answer, in many cases, is yes—but there are legal nuances to consider, especially under Ontario law.

Understanding Private Sales and Buyer Beware

Most transactions on platforms like Kijiji or Facebook Marketplace are considered private sales. Under Canadian law, these transactions typically follow the principle of “caveat emptor”—Latin for “let the buyer beware.” This means that unless the seller made specific, false representations or engaged in deceptive practices, the buyer assumes most of the risk.

However, this does not give sellers a free pass to misrepresent the item, withhold critical information, or fail to deliver altogether. If you can prove that a seller intentionally lied or failed to deliver the product or service as agreed, you may have grounds for a small claims court action in Ontario.

Common Issues Leading to Legal Action

Disputes from online and private sales typically involve:

• Non-delivery of paid items
• Misrepresentation of goods (e.g., claiming a phone is new when it is not functional)
• Undisclosed damage
• Counterfeit products
• Payment fraud (e.g., buyer reverses e-transfer)

These issues can escalate quickly, especially when significant sums of money are involved. While the platforms themselves often disavow liability (and do not intervene in disputes), you are not without legal recourse.

The Role of Small Claims Court

In Ontario, individuals may bring a claim in Small Claims Court for disputes involving up to $50,000, following the jurisdictional increase effective October 1, 2025. This process is intentionally designed to be more accessible, cost-effective, and less procedurally complex than proceedings in the Superior Court of Justice. As such, it is the forum where most disputes arising from private sales, such as those involving used vehicles, furniture, or electronics, are commonly adjudicated.

To succeed in court, you will need to provide:

• Evidence of the agreement (messages, emails, screenshots, payment confirmation)
• Proof of misrepresentation or non-performance
• Records of your attempts to resolve the issue

Tim at MTS Paralegal Services can assist you in preparing your claim, gathering the necessary evidence, and representing you in Small Claims Court.

Can You Sue Over a Facebook Marketplace or Kijiji Dispute?

Yes, if the facts support your case. While online platforms offer limited or no guarantees, the law still protects individuals from fraud, misrepresentation, and breach of contract—even in private transactions. With proper documentation and legal guidance, you may be able to recover your losses and hold the other party accountable.

Online marketplaces may seem informal, but they do not exist outside the reach of Canadian contract and consumer protection law. Do not hesitate to explore your options when you feel wronged.

If a Kijiji deal has gone sour, or if you’ve been misled on Facebook Marketplace, it’s important to act quickly. The sooner you get legal advice, the better your chances of a successful outcome.Call Tim at MTS Paralegal Services today at (226) 444-4882 or visit mtsparalegalservices.com to find out how you can assert your legal rights in a private sale dispute.