01. Find the complete agreement
Collect the signed contract, schedules, quotations, purchase orders and later amendments. If terms were agreed by email or message, preserve the full conversation. Highlight provisions dealing with payment, delivery, termination, dispute resolution and notice. A single clause should be considered in the context of the agreement as a whole.
02. Separate the promise from the alleged breach
Identify the specific obligation you say was not met. Was work incomplete, payment late, delivery defective, or a contractual step omitted? Record what each party did and when. Preserve evidence of your own performance as well as the other party’s conduct. Explain any changes, extensions or informal arrangements rather than leaving them out of the chronology.
03. Calculate and document the loss
Prepare a table showing each amount claimed, why it is claimed and its supporting document. Separate unpaid invoices from additional expenses or other alleged losses. Keep records of reasonable steps taken to reduce the problem, such as seeking replacement services. Tell your lawyer about amounts recovered, refunds received or costs avoided.
Discuss your documents and next steps with Giri Legal.
Schedule a consultation04. Check timing before extended negotiations
Ontario’s Limitations Act generally uses a two-year period from discovery, but exceptions and other limitation regimes can apply. Contractual notice requirements may also need attention. Do not assume that a demand letter or ongoing negotiations automatically preserve your claim. Have the relevant dates and any notice provisions assessed early.
05. Choose the next step with a realistic objective
A demand, negotiated settlement, mediation, arbitration or court proceeding may be appropriate depending on the agreement and facts. Discuss the likely cost, available evidence and prospects of collecting any recovery. A judgment and actual payment are different outcomes. Provide accurate identifying details for the proposed defendant and flag any concerns about solvency.
Your document checklist
- Agreement, schedules and amendments
- Proof of work, delivery and payment
- Complete communications
- Itemized loss calculation with receipts
- Key dates and settlement history
Official resources
Resources are provided for further reading. Rules and legal rights depend on the applicable law and the facts; confirm current requirements before acting.