When a lawyer takes on a case pro bono, it generally means they provide their legal services at no cost to the client.
While Bergeron Clifford primarily practices personal injury law, there are occasions where we see an opportunity to help someone outside our usual practice area. This was one of those cases.
An Unpaid Contractor Came To Us For Help
A general contractor came to our office looking for help after he had not been paid for work he completed on a property.
Over multiple years, our client had spent significant time working on the property. He had also paid for materials and other expenses out of his own pocket, relying on repeated promises that he would eventually be paid.
That payment never came.
Although breach of contract disputes is outside our typical personal injury practice, we sympathized with the contractor’s situation. He had performed the work, incurred significant expenses, and spent years trying to get paid.
We agreed to take on his case pro bono.
Building The Evidence For An Ontario Small Claims Court Case
After completing the necessary conflict checks, our team began gathering and reviewing the evidence. This included:
- work logs and records of hours worked;
- receipts for materials and other expenses;
- photographs showing the work completed; and
- records of payments that had already been made.
We calculated the outstanding amount and sent a formal demand letter seeking payment.
When payment still did not come, we commenced an action in the Ontario Small Claims Court. As of October 1, 2025, the Small Claims Court can hear claims for up to $50,000.
The defendants disputed the claim, and the case moved forward. The parties exchanged multiple settlement offers, but an acceptable resolution could not initially be reached.
We continued preparing the case, attended the settlement conference, and ultimately scheduled the matter for trial.
Preparing to Go to Trial
In the weeks before trial, our focus shifted to ensuring the case was fully prepared to be heard by a judge.
We worked closely with our client to prepare his evidence, finalized the documents we intended to rely on, and refined our theory of the case.
We were prepared to proceed to trial.
Then, the night before trial, the parties reached a settlement.
Our client accepted an amount that he was happy with, bringing an end to a dispute that had gone on for years.
Why Trial Preparation Mattered
This case was ultimately about ensuring that someone who performed work and incurred expenses had an opportunity to pursue the compensation he believed he was owed.
It also reinforced an important lesson in litigation: preparing a case for trial can be one of the most effective ways to achieve a settlement.
Although the case resolved without a trial, we prepared the file as though a trial was inevitable. That preparation helped put our client in a position to achieve a resolution that met his expectations.
At Bergeron Clifford, our primary focus remains helping people who have suffered serious personal injuries. However, this pro bono case gave us an opportunity to use our litigation experience to help someone facing a difficult situation outside our usual area of practice.
No matter the size of the case, preparation matters.
