When an Agreement Is Broken

Contracts are the backbone of business and personal dealings — and when one party fails to do what it promised, the other party suffers real loss. A breach of contract occurs when a party fails to perform an obligation under a valid agreement without lawful excuse. Azimi Law acts for both plaintiffs seeking to enforce their rights and defendants facing unfounded or overstated claims.

Proving a Breach of Contract

To succeed, you generally must establish:

  • A valid and enforceable contract existed (offer, acceptance, consideration, and an intention to create legal relations) — written, oral, or implied by conduct.
  • The terms of that contract, and which obligation was breached.
  • That the other party breached the contract without lawful excuse.
  • That you suffered damages as a result of the breach.

Oral contracts can be enforceable in Ontario, but they are harder to prove. The more your agreement and the other side's breach are documented — emails, invoices, texts, records of performance — the stronger your position.

Remedies for Breach of Contract

The usual remedy is damages designed to put you in the position you would have been in had the contract been performed. Depending on the circumstances, other remedies may be available:

  • Damages — expectation, consequential, and in some cases liquidated damages set by the contract.
  • Specific performance — a court order requiring the other party to perform, used where damages are inadequate (for example, certain real-estate transactions).
  • Injunctions — orders restraining a party from breaching the contract.
  • Rescission — unwinding the contract and restoring the parties to their pre-contract positions.

The Duty to Mitigate

A party claiming damages generally must take reasonable steps to mitigate — to limit — its losses. Failing to do so can reduce the damages recoverable. We help you document your mitigation efforts and counter unfounded mitigation arguments raised against you.

Where Your Case Will Be Heard

Claims up to $35,000 proceed in the Small Claims Court, a faster and less formal forum. Larger claims proceed in the Superior Court of Justice, sometimes under the Simplified Procedure for mid-range claims. We advise on the right forum and the most cost-effective strategy.

The general limitation period to sue is two years from when you knew or ought to have known of the claim, under the Limitations Act, 2002. Some contracts and circumstances affect this. Do not delay — a missed limitation period can end an otherwise strong claim.

Common Contract Disputes We Handle

We act in disputes involving commercial and supply agreements, service contracts, partnership and shareholder disputes, real-estate transactions, construction contracts, employment agreements, and personal agreements — both pursuing claims and defending them.

Frequently Asked Questions

Do I need a written contract to sue for breach?
Not necessarily. Oral and implied contracts can be enforceable in Ontario, although they are harder to prove. The strength of your case depends heavily on the available evidence — emails, invoices, texts, and records of performance — documenting the agreement and the breach.
What can I recover if someone breaches a contract with me?
Usually damages intended to put you in the position you would have been in had the contract been performed. Depending on the situation, you may also seek specific performance (an order to perform), an injunction, or rescission. We assess which remedy best fits your circumstances.
What is the duty to mitigate?
If you are claiming damages, you generally must take reasonable steps to limit your losses — for example, by seeking a replacement supplier or contract. Failing to mitigate can reduce what you recover. We help document your efforts and rebut unfounded mitigation arguments.
Should my claim go to Small Claims Court or Superior Court?
Claims up to $35,000 proceed in Small Claims Court, which is faster and less formal; larger claims proceed in the Superior Court of Justice. We advise on the appropriate forum and the most cost-effective way to pursue or defend the claim.
How long do I have to bring a breach-of-contract claim?
Generally two years from when you knew or ought to have known of the claim under the Limitations Act, 2002, though particular contracts and circumstances can affect this. Because a missed deadline can bar a strong claim, you should consult us promptly.