Hi I'm a siding installer in chilliwack because, have my own business but am sub-contracting, I did some piece work for another siding company, handed them a bill for the work as usuall but the contractor has avoided my phone calls and not gotten back to me for almost a month and a half. I went to a jobsite that I knew he would be at soon 6 times and I finally found him there, he told me after work at 5 o clock I could follow him to his place and get a check, after waiting there for 3 hours 5 o clock came around and he asks me to come back tomorrow... can I take him to small claims court to get payment? I never had any contract signed because I have always just had verbal agreements for 8 years that I have been doing siding and never had a problem, I just don't know what to do. Any help appreciated.

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Originally Posted by drakxiis

... can i take him to small claims court to get payment? ...

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If Canadian law is anything like the way the system works in the U.S. sure.

You might also want to consider filing a mechanic's lien, if you have that or a similar concept there. My guess is that he simply doesn't have the money to pay you and the beauty of a mechanic's lien is that it forces someone else (bank, owner, etc. to pay even when the contractor you did the work for has an empty checking (oops, I guess it would be chequeing :)) account.

In BC, eventually they call it a "Builder's Lien". Appears to be the same concept. Read the Builder's Lien Act. Time is very short (or you might be out of time), so be careful.

Yes, you can, and hopefully a lesson learned about always have a written contract. He may still avoid you, but more proof when you sue