Roc Kon Concrete Ltd

I hired RocKon Concrete (Mr. Popoff) to form and pour a concrete foundation/crawl space. He came to site to direct the excavator on elevation but instead told me that he didnt want to do the project. He then left without doing any work and drove straight to his bank and cashed my deposit cheque. I had to demobilize the excavator and lost precious time on the project. When I ask him for my deposit to be returned he refused. To date he has returned only 70% of my deposit. He says he is charging me for time prior to when he submitted his quote and additional miscellaneous time to study and plan his work schedule.
The intent of the deposit was to buy materials and do a job for me, not pay him for miscellaneous time.