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What consumer protections exist in Ontario if a paving company takes my deposit and does a terrible job or disappears?

Question

What consumer protections exist in Ontario if a paving company takes my deposit and does a terrible job or disappears?

Answer from Driveway IQ

Ontario has specific consumer protection laws that cover driveway paving contracts, and knowing your rights before you sign anything can save you thousands of dollars and significant stress. Unfortunately, driveway paving scams are not uncommon in Ottawa, particularly from itinerant crews that show up uninvited offering "leftover asphalt" deals.

The Consumer Protection Act (CPA)

Ontawa homeowners are protected under Ontario's Consumer Protection Act, 2002. This legislation covers most home improvement contracts, including driveway paving and resurfacing. Key protections include:

  • 10-day cooling-off period for unsolicited contracts (door-to-door sales). If a paving crew knocked on your door offering a deal, you have 10 days to cancel the contract in writing and get a full refund, no questions asked
  • Written contract requirement for agreements over $50. The contract must include the contractor's legal name, address, a description of the work, total price, and payment schedule
  • One-year cancellation right if the contractor failed to provide a proper written contract meeting CPA requirements. This is a powerful tool if things go wrong
What to Do If the Contractor Disappears

If a paving company takes your deposit and vanishes, you have several options:

  • File a complaint with the Ontario Ministry of Public and Business Service Delivery (formerly Consumer Services). They investigate and can take enforcement action
  • Small Claims Court for amounts up to $35,000. Filing fees are $102 to $273 depending on the claim amount. Many Ottawa homeowners have successfully recovered deposits this way
  • Credit card chargeback if you paid by credit card. Under the CPA, your credit card company must reverse the charge if the goods or services weren't delivered, provided you've first attempted to resolve it with the merchant
What to Do About Poor Workmanship

If the job was done but the quality is terrible — uneven surface, improper compaction, wrong thickness — Ontario's implied warranty provisions mean the work must be of a "reasonably acceptable quality." Document everything with photos and dated notes. Get an independent assessment from another contractor. Then demand remediation in writing. If the contractor refuses, Small Claims Court is your recourse.

Protecting Yourself Before Signing

Before hiring any driveway contractor in Ottawa, take these steps:

  • Verify their business registration through the Ontario Business Registry
  • Check for a physical address in the Ottawa area — not just a phone number
  • Never pay more than 10-15% as a deposit, and never pay the full amount before work is complete
  • Ensure the contract specifies asphalt thickness, base preparation, drainage grading, and a timeline
  • Be extremely wary of door-to-door paving offers, especially in spring around Nepean, Gloucester, and suburban areas where these operations commonly target homeowners
WSIB Coverage

Ontario contractors performing driveway work should carry Workplace Safety and Insurance Board (WSIB) coverage. If an uninsured worker is injured on your property, you could face liability. Ask for a WSIB clearance certificate before work begins.

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