Toronto breach of contract lawyer for businesses and individuals. When the other side breaks the deal, Jonathan pursues the resolution that puts you back where you should be — through demand letters, negotiation, or litigation.
· Reviewed by Jonathan Kleiman, J.D.
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.
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.
Not every breach is treated the same. Ontario courts distinguish between material 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.
Need a contract drafted or reviewed before a dispute arises? Read more about contract drafting and review services or contract dispute resolution.
Most breach of contract claims Jonathan handles involve disputes between Toronto businesses — situations where a commercial relationship has broken down and money, performance, or both are at stake.
A client, customer, or business partner fails to pay for goods or services delivered under a contract. Jonathan pursues recovery through demand letters, negotiation, and litigation. Learn more.
A service provider fails to deliver the work promised, delivers defective work, or abandons the project. Jonathan enforces the agreement or pursues damages for the breach.
A contractor walks off the job, delivers substandard work, or demands payment beyond the agreed scope. Jonathan represents business owners and property owners in these disputes — whether you need to sue a contractor who breached the agreement or defend against a counterclaim.
A business partner or shareholder violates the terms of a partnership agreement, shareholders' agreement, or fiduciary duty. Jonathan resolves these disputes through negotiation or litigation. Learn more.
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 are the most common remedy for breach of contract. The goal is compensatory — to make the injured party whole.
In cases where damages are inadequate — such as disputes involving unique property or irreplaceable obligations — Ontario courts may order specific 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.
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.
Free 30-minute consultation. No fee, no obligation.
The first step in most breach of contract matters is a formal demand letter. A well-drafted demand letter from a Toronto contract lawyer accomplishes several things at once.
Many contract disputes are resolved at the demand letter stage. When they are not, the letter establishes the foundation for the claim that follows.
Before proceeding to court, Jonathan explores whether the dispute can be resolved through direct negotiation or structured mediation. Settlement is often faster, less expensive, and less disruptive than litigation — and an experienced contract dispute lawyer knows when settlement serves your interests and when it does not.
When negotiation fails, contract litigation is the path to enforcement. Jonathan represents clients in both of Ontario's civil courts, choosing the forum that best serves the client's position and budget.
The Ontario Small Claims Court handles 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.
Contract disputes exceeding $50,000 are heard in the Ontario Superior Court of Justice. Superior Court proceedings involve formal pleadings, documentary and oral discovery, and potentially a trial. Jonathan represents clients through every stage of the Superior Court process, from the statement of claim through to judgment and enforcement.
Winning a judgment is only part of the process. If the other side refuses to pay voluntarily, Jonathan pursues enforcement through the mechanisms available under Ontario law.
A judgment without enforcement is a piece of paper. Jonathan builds enforcement strategy into every breach of contract matter from the outset — so that when a judgment is obtained, it can be collected. For the full process, see our step-by-step guide to enforcing a contract in Ontario.
The other side had six months to pay and kept making excuses. One demand letter and a Small Claims filing — that's all it took. Jonathan got the full amount plus costs.
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 losing the right to sue entirely. 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.
Collect the signed contract, all communications, invoices, proof of performance, and records of the breach. Preserve emails, texts, and any written exchanges.
Book a free consultation with Jonathan. He reviews the contract, assesses the strength of your position, and recommends the most cost-effective path forward.
Jonathan sends a formal demand letter with a clear deadline. If the other side responds, he negotiates a resolution that protects your interests.
If negotiation fails, Jonathan files the claim and represents you through the court process — in Small Claims Court or Superior Court — through to judgment and enforcement.
Jonathan earned his B.A. (with distinction) at McGill University and his J.D. at Queen's University. He has been a member of the Law Society of Ontario since 2011.
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.
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 or book a free consultation.
The questions Toronto business owners and individuals ask most often about breach of contract claims, contract disputes, and working with a contract litigation lawyer.
A breach of contract occurs when one party fails to perform their obligations under a legally binding agreement. This includes failing to deliver goods or services, missing payment deadlines, providing defective work, or violating specific terms of the contract.
Under Ontario law, the non-breaching party may be entitled to damages or other remedies.
A material breach is a significant failure that goes to the heart of the contract, entitling the non-breaching party to terminate the agreement and sue for damages.
A minor breach is a partial or less significant failure where the contract remains in effect, but the non-breaching party may claim compensation for the specific shortfall.
Costs depend on the value of the claim and the court. Small Claims Court handles disputes up to $50,000 with lower legal fees and simplified procedures.
Superior Court claims above $50,000 involve higher costs but allow for larger damage awards. Jonathan provides a clear fee estimate during your free consultation.
You may recover expectation damages (putting you in the position you would have been in had the contract been performed), consequential damages (foreseeable losses caused by the breach), and reliance damages (expenses incurred in reliance on the contract).
Liquidated damages may also apply if specified in the agreement. Punitive damages are rare in contract cases but may be available where the breach involves independently actionable conduct.
Under Ontario's Limitations Act, 2002, the basic limitation period is two years from the date you knew or ought to have known about the breach.
There is also an ultimate limitation period of 15 years. Missing the limitation period means losing the right to sue, so early legal advice is critical.
In most cases, yes. A well-drafted demand letter from a lawyer puts the other party on formal notice, establishes a deadline for resolution, and demonstrates that you are serious about enforcing your rights.
Many contract disputes are resolved at the demand letter stage without the need for litigation.
Yes. Oral contracts are generally enforceable in Ontario if the essential elements of a contract are present: offer, acceptance, consideration, and intention to create legal relations.
However, proving the terms of an oral contract is more difficult, which is why written agreements are always recommended. A contract lawyer can help you assess whether your oral agreement is enforceable.
Contact a contract lawyer immediately. Do not ignore the letter and do not respond without legal advice.
Jonathan will review the demand, assess whether the claim has merit, advise on your options, and respond strategically on your behalf — whether that means negotiating a resolution or preparing a defence.
Get experienced legal advice on your breach of contract claim today. Free 30-minute consultation with a Toronto contract litigation lawyer.