Is a Verbal Agreement Legally Binding in Ontario?
Many people assume a contract must be written to be legally valid—but that’s not always the case. In Ontario, verbal agreements can be legally binding, though they often come with challenges when it comes to enforcement.
What Makes a Contract Legally Binding?
A valid contract—whether written or spoken—requires three key elements:
Offer and acceptance – One party offers something, and the other accepts.
Consideration – There must be something of value exchanged (money, services, goods, etc.).
Mutual intent – Both parties must intend to enter a binding agreement.
If these conditions are met, even a handshake deal could technically be enforceable in court.
When Verbal Agreements Are Enforceable
Verbal contracts are commonly seen in areas like:
Home repairs
Personal loans
Informal employment arrangements
Sales of goods under a certain value
For example, if you verbally agree to pay a neighbour $500 to build a fence, and they complete the work, that agreement may hold up in court—but only if you can prove it existed.
When a Written Contract Is Required
Ontario law requires certain types of contracts to be in writing, including:
Real estate transactions
Wills and powers of attorney
Certain long-term leases (over one year)
Guarantees (e.g., cosigning a loan)
In these cases, a verbal agreement isn’t enough—it won’t be enforceable under the law.
The Problem with Verbal Contracts: Proving Them
The biggest challenge is evidence. Without documentation, it becomes a “he said, she said” situation. Courts may rely on:
Witness testimony
Emails, texts, or voicemails
Behaviour consistent with a contract (e.g., partial payment)
Still, proving the terms—like how much was agreed upon and when—is much harder without a written record.
Protect Yourself: Tips for Verbal Agreements
If you’re entering a verbal agreement:
Follow up with a confirming email or text.
Involve witnesses if possible.
Keep records of any related payments or messages.
Better yet: get it in writing whenever you can. Even a simple document can prevent costly disputes later.
Final Thoughts
While Ontario law does allow verbal agreements, enforcing them can be complicated without proof. If you’re involved in a contract dispute—or unsure whether your agreement is legally binding—it’s best to speak with a lawyer.
Contact Hilborn and Konduros for legal advice tailored to your situation. We’ll help you understand your options and protect your interests.