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Legal Ease
Legal Ease, Lawyer
Category: Canada Law
Satisfied Customers: 96405
Experience:  Lawyer
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The contractor who did a renovation on my house will not give

Customer Question

The contractor who did a renovation on my house will not give me the receipts from the job until I pay him in full. I won't pay him in full until I've done an accounting of the costs and I need the receipts to do that so we are at a standstill. I've paid him $43,000 of the $50,000 that we agreed on. He says he is going to take me to court. What are my options? I'm in Toronto, Ontario
Submitted: 1 year ago.
Category: Canada Law
Expert:  Legal Ease replied 1 year ago.
You can tell him that you are happy to have a court decide but he should know that if you send up in court you will be seeking an order for your costs.In court he has to provide proof of what you owe him before he can win the lawsuit so if he doesn't have that proof he will not succeed.
Customer: replied 1 year ago.

So the contractor is obligated to provide me with receipts then? I also need the receipts to apply for the HST rebate which I've told him about. I have a feeling he doesn't have all the receipts because he either threw them out or didn't get receipts from various suppliers. Do I have any recourse if this is the case? I am eligible for an HST rebate of around $10,000 but if I don't submit the receipts my application won't be processed so I'm in essence potentially losing around $10,000 which I can't accept. Do I have any options? Thanks.

Expert:  Legal Ease replied 1 year ago.
There is no law that says receipts must be provided but if your payments owing are based on what he said he paid then if he sues you he will have to produce the receipts to prove what you owe him. And given the HST issue I suggest you send him a letter by Registered Mail stating that if you don't get adequate receipts so that you can get the full rebate by a deadline that you set you will commence legal proceedings and will be seeking $10,000 from him (plus your costs) as this is the damages you will sustain as a result of his failure to provide the receipts.

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