Breach of contract
lawyer in Toronto.

Toronto breach of contract lawyer for businesses and individuals

Jonathan Kleiman is a breach of contract lawyer in Toronto who represents businesses and individuals when the other side fails to hold up their end of a binding agreement.

Whether someone has failed to pay, refused to deliver, walked away from obligations, or violated specific terms of a commercial agreement — Jonathan pursues resolution through the most effective and cost-efficient path available, from demand letters through to trial.

Every engagement begins with a free 30-minute consultation.

Assessing whether there was a breach

A missed payment or an unfinished job is the starting point. I look at what was agreed, what each side did and what loss you can prove. The agreement matters, but so do the emails, texts, invoices and changes made along the way.

• The agreement: was there a binding contract, and what did each party promise? Send the signed document and schedules, or the messages and deal notes if the agreement was verbal.
• Performance: which obligation was not met, when was it due, and did you perform your own part? Include any agreed changes to the price, work or deadline.
• The loss: what did the breach cost you? Payment records, replacement invoices and records of work done help distinguish a provable loss from an estimate.
• The response: what does the other side say happened? A claim may turn on whether a term was changed or waived, who breached first, or whether a deadline to sue has passed.

For the background, read what is a breach of contract in Ontario and the breach of contract guide. Advice about your own claim starts with your documents and circumstances.

If there is no dispute yet and you need an agreement checked or prepared, use contract review and drafting. That is a different scope from dealing with a demand or an existing breach.

What constitutes a breach of contract in Ontario

A breach of contract occurs when one party to a legally binding agreement fails to perform their obligations — in whole or in part — without lawful excuse.

Under Ontario law, a valid contract requires offer, acceptance, consideration, and the intention to create legal relations. Once those elements are in place, both parties are bound. When one party fails to deliver on their promises, the other party has the right to seek a legal remedy. For a plain-English overview, see our guide to what a breach of contract is in Ontario.

Material breach vs. minor breach

Not every breach is treated the same. Ontario courts distinguish betweenmaterial breaches and minor breaches, and the distinction matters because it determines your available remedies.

A material breach is a fundamental failure that goes to the root of the contract — it deprives the other party of substantially the entire benefit they were entitled to receive. A material breach entitles the non-breaching party to terminate the contract and sue for damages.

A minor breach is a partial failure that does not destroy the purpose of the agreement. The contract remains in effect, but the non-breaching party may claim compensation for the specific shortfall or deficiency.

Common types of breach

• Failure to pay — non-payment for goods, services, or contractual obligations
• Failure to perform — not delivering services, goods, or work as agreed
• Defective performance — delivering work that fails to meet contractual standards
• Anticipatory breach — one party clearly indicates they will not perform before the deadline
• Breach of condition — violating a fundamental term that entitles termination
• Breach of warranty — violating a secondary term that entitles damages but not termination

Contract disputes between businesses in Toronto

Most breach of contract claims Jonathan handles involve disputes betweenToronto businesses — situations where a commercial relationship has broken down and money, performance, or both are at stake.

Remedies for breach of contract in Ontario

When a contract is breached, the non-breaching party is entitled to a remedy that puts them in the position they would have been in had the contract been performed. Ontario courts recognize several categories of relief.

Damages

Damages are the most common remedy for breach of contract. The goal is compensatory — to make the injured party whole.

• Expectation damages — the benefit the non-breaching party expected to receive from the contract
• Consequential damages — foreseeable losses that flow from the breach, such as lost profits or additional costs incurred
• Reliance damages — expenses incurred in reasonable reliance on the contract being performed
• Liquidated damages — a pre-agreed amount specified in the contract for certain types of breach

Specific performance and injunctions

In cases where damages are inadequate — such as disputes involving unique property or irreplaceable obligations — Ontario courts may orderspecific performance, requiring the breaching party to fulfill their contractual obligations.

An injunction may be granted to prevent a party from taking actions that would violate the contract, such as breaching a non-compete clause or disclosing confidential information.

Rescission and restitution

Where a contract was entered into based on misrepresentation, duress, or unconscionability, the court may rescind the agreement entirely — unwinding the transaction and returning both parties to their pre-contract positions.

Demand letters and settlement

A demand letter sets out the agreement, the breach, what you want and a deadline for response. I review the supporting documents before setting out the claim. The amount demanded should be tied to the loss you can show.

Send the contract, invoices, payment records and relevant correspondence. Tell me whether you want payment, completion of the work or another resolution. If you have already sent a demand or received a response, include it.

If the other side responds, I can negotiate with them or their lawyer. Some disputes call for mediation. The next step depends on the agreement, the evidence and what each side is prepared to accept.

A demand letter does not stop the limitation clock. Read how long you have to sue for breach of contract in Ontario, and include any approaching deadline when you get in touch.

Breach of contract litigation in Toronto

If settlement is not possible, I assess whether the claim fits my court practice. I represent clients in Ontario Small Claims Court.

Small Claims Court (claims up to $50,000)

The Ontario Small Claims Courthandles contract disputes up to $50,000. The procedures are streamlined, the timelines are shorter, and the costs are significantly lower than Superior Court. Many breach of contract claims — unpaid invoices, service disputes, deposit recovery — fall within this jurisdiction.

Bringing a claim

I can prepare the claim, organize the evidence, represent you at a settlement conference and prepare for trial if the matter does not settle. The work starts with identifying the obligation that was broken, the amount claimed and the documents that support it.

The claim and the practical prospects of collecting payment both matter. Send what you know about the other party as well as the agreement and your records of the loss.

Defending a claim

If you have received a demand or been served with court papers, send the complete documents and any response deadline. I assess the claim, the evidence and the defences that may apply. Those can include no binding contract, performance of the obligation, the other party breaching first, a limitation issue or an overstated loss.

I can prepare a Small Claims Court defence and, where the facts support it, a counterclaim. The next step may be a response, settlement discussions or preparing the matter for court. See Small Claims Court defence help for that process.

Matters outside my court practice

I do not take new Superior Court files or Landlord and Tenant Board matters. My court practice is in Small Claims. A request for contract advice does not expand those limits.

The importance of early legal advice

Ontario's Limitations Act, 2002 imposes a two-year basic limitation period on most breach of contract claims. The clock starts running from the date you knew or ought to have known about the breach.

Waiting too long to act can mean the defendant may have a complete limitations defence and your claim may be dismissed — theOntario limitation period calculator gives you a presumptive deadline estimate in under a minute. Limitation periods can depend on discoverability, acknowledgments, partial payments, contractual terms, and other facts. Beyond limitation periods, early legal advice preserves evidence, strengthens your negotiating position, and prevents missteps that can weaken a claim. For a detailed walkthrough of the process, read our complete guide to breach of contract in Ontario.

Steps to take when a contract is breached

Why Toronto businesses choose Jonathan Kleiman

Jonathan earned his B.A. (with distinction) at McGill University and his J.D. at Queen's University. He has been a member of theLaw Society of Ontario since 2010.

When a contract is broken, the cost of inaction is almost always higher than the cost of enforcement. Your breach of contract lawyer should be someone who responds quickly, communicates clearly, and pursues the outcome that makes financial sense.

Talk to a breach of contract lawyer in Toronto today

Bring the contract, the correspondence, and the facts — Jonathan will tell you where you stand and what it will take to resolve it.

Call 416-554-1639 orbook a free consultation.