Breach of Contract Lawyer in Ontario

When a contract breaks down, the legal issues are usually practical: what the agreement required, what happened, what you can prove, and what remedy is realistic. McMackin Law represents clients in Ontario breach of contract disputes, including commercial, employment-related, construction, disputes between individuals, partnership disputes, shareholder disputes and real estate contract conflicts.

Common breach of contract issues we handle

• Non-payment and unpaid invoices
• Failure to perform or refusal to proceed
• Deficient work and scope disputes (including contractor matters)
• Delay and missed milestones where timing matters
• Termination disputes and “material breach” allegations
• Repudiation / anticipatory breach
• Confidentiality / non-solicitation enforcement

How breach of contract claims are proven in Ontario

Most contract cases turn on four core questions:

1. Was there a contract (written, oral, or formed through emails/conduct)?
2. What did it require (key terms, scope, deadlines, payment, notice)?
3. Did a breach occur (and what evidence proves it)?
4. What losses resulted (and were losses reasonably mitigated)?

Remedies we pursue (and defend against)

Contract remedies are usually about money (damages), but depending on the facts they can also include injunctions or specific performance. Your remedy strategy should match your evidence, your goals, and your risk tolerance.

Process: how contract disputes typically move forward

1. Initial review: contract, timeline, key communications, and damages summary.
2. Early strategy: demand letter, negotiated resolution, or preservation steps.
3. Litigation planning: forum selection (Small Claims vs Superior Court), evidence organization, pleadings.
4. Resolution: negotiated settlement, mediation, or trial where required.

Related contract dispute areas

• Small Claims Court (Ontario)
• Real Estate Contract Breaches (Buyer/Seller)
• Employment Contract Breaches
• Construction & Contractor Disputes
• Demand Letters

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FAQ

What is a breach of contract in Ontario?

A breach of contract is a failure to perform a contractual obligation (or doing something the contract prohibits). Most breach disputes are civil matters focused on remedies such as damages or, in limited cases, court orders.

Do I need a written contract to start a claim?

Not always. Contracts can be formed through emails, invoices, oral terms, and conduct. Written agreements and clear records usually make proof significantly easier.

What are common remedies for breach of contract?

Damages (money) are the most common remedy. Depending on the facts, parties may also seek injunctions or specific performance in narrower situations.

How long do I have to sue for breach of contract in Ontario?

Limitation periods are fact-specific. If you’re close to a deadline, it’s important to get advice quickly and preserve evidence. In most cases in Ontario you have 2 years less a day from the breach occurring though this calculation can be more complex then that as there is often a knowledge component involved. We avoid any risk of limitation period disputes by suing well in advance of the earliest possible interpretation of the limitation period as if you fail to do so even if your claim is likely brought in time you give the other side additional leverage.

Is breach of contract a criminal offence?

Generally no. Breach of contract is usually a civil dispute handled through claims for damages or other civil remedies. Exceptions apply such as in cases of mass fraud, ponzi schemes etc.