Contracts are the foundation of business relationships, whether with professional movers, residential cleaners, or other service providers. When one party fails to deliver the promised service, the result can be financial loss, property damage, or unnecessary stress. In Ontario, a breach of service contract may give rise to legal remedies under contract law.

Tim at MTS Paralegal Services provides professional representation in these disputes, ensuring clients pursue the proper legal channels to obtain compensation.

What Constitutes a Breach of Service Contract

A breach of contract occurs when one party fails to perform their contractual obligations without a lawful excuse. In the context of service contracts, common examples include:

• Movers damaging or losing property during transit
• Cleaners failing to perform agreed-upon services to an acceptable standard
• Contractors abandoning work before completion
• Service providers charging more than the agreed amount
• Missed deadlines causing financial or personal inconvenience

The law distinguishes between minor breaches (less significant failures) and fundamental breaches (serious violations that defeat the purpose of the contract). The severity of the breach impacts the available remedies and potential compensation.

Evidence Needed to Support a Claim

Successful claims require strong evidence, not just frustration. Essential forms of proof include:

• Written Contracts: Clearly outlining the terms of the service agreement
• Invoices and Payment Records: Showing financial transactions
• Photographs or Videos: Documenting poor workmanship, damage, or incomplete work
• Communication Records: Emails, texts, or letters confirming agreements, complaints, or service issues
• Witness Statements: Testimony from individuals who observed the breach or damage

Tim at MTS Paralegal Services stresses the importance of retaining documentation from the start of the service relationship. These records are critical in proving your case.

Remedies Available for Breach

The most common remedy in Ontario for breach of a service contract is monetary compensation, designed to put the injured party in the position they would have been in had the contract been properly performed.

Other potential remedies may include:

• Restitution: Returning money or property that was obtained unfairly.
• Rescission (limited): In some cases, the court may allow the contract to be canceled and the parties restored to their pre-contract positions, but this usually applies only when money or property is involved and is more common in higher courts.

Specific performance, where the court orders the breaching party to complete the work, is rare and typically not available in Small Claims Court, as that court’s jurisdiction is limited to monetary compensation or return of personal property.

The exact remedy depends on the nature of the breach and which court is handling the case.

Small Claims Court and Its Jurisdiction

Most service contract disputes fall under Small Claims Court, which provides an accessible and cost-effective way to resolve civil disputes.

• As of now, Small Claims Court hears claims up to $35,000.
• Effective October 1, 2025, this limit will increase to $50,000, allowing more significant claims to be handled without going to the more complex Superior Court of Justice.

Small Claims Court can only:

• Award monetary compensation, or
• Order the return of personal property.

It cannot order a party to complete a service or grant injunctions. If the desired outcome includes specific performance or involves higher damages, the matter must proceed in the Superior Court of Justice.

Why Legal Assistance Is Essential

Contract disputes often involve disagreements over service quality, deadlines, or the extent of damages. Without proper representation, claimants risk losing compensation due to procedural errors or weak evidence.

Service providers often defend themselves by arguing that:

• No breach occurred,
• The service was completed adequately, or
• The damages claimed are excessive.

Tim at MTS Paralegal Services ensures that:

• Claims are properly framed under Ontario law,
• Evidence is strategically organized and presented, and
• The correct forum — Small Claims or Superior Court — is selected for the claim.

From filing the initial claim to enforcing a judgment, Tim at MTS provides guidance at every stage to help clients secure fair compensation.

For more information or to explore your legal options regarding a breach of service contract, contact Tim at MTS Paralegal Services by visiting mtsparalegalservices.com.