Bottom Line Up Front | SiLaw Canada 2026

Bottom Line Up Front

1. Three case types follow different paths — wrong jurisdiction (small claims vs tribunal) means restart from scratch.
2. Sunk cost discipline — filing $108 + demand letter $100-300 + enforcement $50-1,500 — total cost should be < 30% of expected recovery.
3. Documentary evidence is the lever — “oral agreements” and “trust between friends” rarely win.
4. Students need most protection — visa countdown + information asymmetry + legal unfamiliarity = high vulnerability.
5. SiLaw’s bilateral positioning — among these three case types, student/consultant disputes have the strongest market need.

1. Case 1: Small Landlord — Deposit / Rent Recovery

1.1 Typical scenario

Toronto landlord A’s tenant left without notice, leaving $3,500 unpaid rent + $2,000 in damage (wall holes, carpet stains). Tenant moved to Vancouver, no response.

1.2 Path: LTB first, Small Claims for enforcement

1. L1 (rent arrears) + L2 (damages) at LTB; filing $201;
2. Tribunal decision in 2-4 months;
3. If tenant doesn’t pay after the order;
4. File the LTB order at Small Claims Court (no need to re-litigate);
5. Apply for Notice of Garnishment (if employer known) or Writ of Seizure of Personal Property;
6. Cross-province: BC courts recognize ON LTB orders for enforcement (reciprocity).

1.3 Evidence checklist

• Original lease;
• Detailed move-in/move-out photos with date stamps;
• Utility payment records;
• Repair estimates from at least 2 contractors;
• Demand letters, texts, emails, registered mail receipts;
• Tenant ID copy (lease attachment).

1.4 Math

Filing $201 + estimate $300 + cross-province enforcement $200 + your time ≈ $700. Expected recovery $5,500 × 60% = $3,300. Net +$2,600 — worth pursuing.

2. Case 2: SME — Invoice / Service-Fee Collection

2.1 Typical scenario

Quebec SME design firm completed a $14,000 website project for a Montreal IT client. Client refuses payment after delivery, citing “didn’t meet expectations” without specifics.

2.2 Path: Small Claims directly

1. Quebec SME (≤10 employees) eligible; $15,000 cap fits;
2. File SDE form; court arranges huissier service; filing $158;
3. 20-30 day defence window; if no response → automatic judgment;
4. If client pleads “didn’t meet expectations” → trial with evidence;
5. After judgment: saisie après jugement to seize assets / accounts receivable.

2.3 Evidence checklist

• Original contract (best: signed by both + delivery scope defined);
• Approval emails / phased payments;
• All deliverables (designs, source code, URL screenshots);
• Client’s “satisfied” or “not as expected” specific feedback emails;
• Comparable supplier quotes for the same scope (proves project value).

2.4 Math

Filing $158 + translation (if EN evidence) $200 + your time ≈ $400. Expected recovery $14,000 × 80% = $11,200. Net +$10,800 — must do.

3. Case 3: Student — Immigration Consultant Refund

3.1 Typical scenario

BC student B paid $8,000 to an “immigration consultancy” promising help with a post-graduation work permit. Six months later the consultant stalls; the work permit was never actually filed. The firm is not CICC-registered.

3.2 Path: CICC complaint + Small Claims dual-track

1. Verify CICC license at college-ic.ca;
2. If unlicensed → unauthorized practice (federal offence under CICC Act); report to CBSA / CICC + file Small Claims for refund (contract void for “illegal subject matter”);
3. If licensed → CICC complaint portal + Small Claims for breach / non-delivery;
4. BC CRT ≤$5K online; over $5K → Provincial Court;
5. Post-judgment: freeze firm accounts, Notice of Garnishment to its bank.

3.3 Evidence checklist

• Service agreement (CN/EN);
• All payment receipts (Interac e-Transfer, credit card, cheque images);
• WeChat chat history (consultant promises, progress claims);
• IRCC online query result (proving permit was never filed);
• Demand letters/emails + consultant’s silence;
• Comparable lawful immigration lawyer/RCIC quotes (proves reasonable price).

3.4 Math

BC CRT $125 + $75 + your time (CICC + Small Claims dual-track) ≈ $400. Expected recovery $8,000 × 50% = $4,000 (consulting firms often have weak assets or dissolve). Net +$3,600 — still worthwhile, plus public-interest value in deterring bad actors.

4. SOP Comparison Across the 3 Case Types

5. Common 5-Step Recovery Process

Step 1: Gather evidence + calculate damages (contract / emails / WeChat / bank)
Step 2: Send written demand letter (registered + 14-day reply window)
Step 3: Choose forum (tribunal / Small Claims / dual-track)
Step 4: File → serve → defence → mediation → trial
Step 5: Enforce immediately upon winning (garnishment / writ / credit reporting)

6. Real-World Q&A

Q1: I lent a friend $25,000 with no written contract, only WeChat. Can I win?

Yes, but you must prove: (1) bank transfer (money actually moved); (2) WeChat showing “loan” language or repayment promise; (3) your demand for repayment refused. Key: prove “loan” vs “gift” — Canadian law presumes “gift” by default; the plaintiff bears the burden.

Q2: Contractor walked off, paid 60%, work 40% done. Recovery?

SME-style direct Small Claims. Sue for: paid amount $X − completed value $Y + replacement cost $Z. Bring 3 replacement contractor estimates. Ontario SCC’s $50K cap fits most renovation cases.

Q3: Bought used Honda Civic $14K from a dealer; engine seized at 800 km. Now what?

Three parallel tracks: (1) OMVIC complaint (Code of Ethics breach); (2) demand letter citing Sale of Goods Act implied warranty; (3) Small Claims for refund + damages. OMVIC can’t order refund, but its findings are admissible as evidence. See CD-S3-2.

Q4: Defendant declared bankruptcy after I won. How to maximize recovery?

Immediately register Writ of Seizure of Land if there’s any real estate; submit a creditor claim to the trustee; report to credit bureau. You still participate in creditor meetings for asset distribution. Some debts (fraud, breach of trust) survive bankruptcy.

Q5: Cross-province defendant (Toronto plaintiff, Vancouver defendant) — where to file?

Generally: where the real-and-substantial connection lies. Contract performed in ON / damage in ON → file in Ontario; ON judgment can be registered for enforcement in BC under reciprocal enforcement statutes. Most plaintiffs file in their home province for cost.

7. Cross-Case 60-Second Decision Checklist

1. Which case type? (landlord / SME / student / other)
2. Correct forum path? (tribunal first or Small Claims direct)
3. Within provincial cap?
4. Documentary evidence rating? (out of 10; under 6 = low odds)
5. Defendant has enforceable assets? (pre-search property/corporate)
6. Expected recovery / total cost ratio? (under 3:1 — reconsider)
7. Within limitation period? (ON/BC/AB 2 yr; QC 3 yr)
8. Need dual-track (tribunal + Small Claims / regulator + Small Claims)?
9. Settlement worth attempting? (demand letter triggers ~70% response)
10. Need bilateral CN-CA legal service (cross-border)?

8. Common Mistakes

• Mistake 1: Small landlord skips LTB — court will dismiss, must restart at LTB.
• Mistake 2: SME files without written contract — odds of winning drop sharply; send demand letter first to elicit defendant’s written response.
• Mistake 3: Student trusts consultant without prior records — record/email confirm promises before paying.
• Mistake 4: Skipping demand letter — 70% of cases see some response (partial payment, negotiation, confession). Direct filing wastes the fee.
• Mistake 5: Winning then not enforcing — 15-30% of judgments uncollected = 100% lost recovery.