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Legal Ease
Legal Ease, Lawyer
Category: Canada Law
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Worked with a remodel contractor in BC few months. Fired m

Customer Question

Customer: Worked with a remodel contractor in BC for a few months. Fired him after he put off giving weekly costs for 2 weeks (too tired); then showed up with numbers written on the back of an old lumber receipt saying that he had figured it all out... 19K+ for work he did not yet complete nor did we ask for; plus did not give "promised" credit for the personal work we did putting cabinets together; along with other items we did ourselves. 3 years later I note he is following on LinkedIn... I blocked him and complained. I know he is just harrassing me, but still...
JA: Thanks. Can you give me any more details about your issue?
Customer: Fired contractor 3+ years ago. he is harrassing me thru linked in... took care of that with linked in direct. Does he have any case after such a long time.
JA: OK got it. Last thing — JustAnswer charges a fee (generally around $39) to post your type of question to Canada Law Experts (you only pay if satisfied). There are a couple customers ahead of you. We can help you for less if you're not in a rush. Are you willing to wait a bit?
Customer: How long can this go on... how can I double check if he did something re a lein - Nope thanks
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Submitted: 10 months ago.
Category: Canada Law
Expert:  Legal Ease replied 10 months ago.

Thank you for requesting me.

He cannot harass you at any time. The law is that if he persistently tries to communicate with you after you tell him not to this can be considered to be criminal harassment and you can seek to have him charged. If he is charged with harassment he will be placed under a restraining order and will not be able to communicate with you or come near you.

So if the harassment continues you can contact the police. At first they may just warn him but that may do the trick.

At the same time you can also consider having a lawyer send him a letter threatening a court order.

He is entitled to continue to try to collect any money he says you owe him even if it is beyond the limitation period. The limitation period means he can no longer sue you but it doesn't actually extinguish any debt. So he can send you a letter and try to collect that money or even retain a collection agency but it is too late for him to sue you.

Does that answer your question?

Customer: replied 10 months ago.
NO.How long is the limitation period... or can he just continue with his "soft" harassment to ensure we know he is out there? Worries me that he still hoovers around which I am sure he is well aware of.Folks are selling houses in my neighborhood - if I should choose to sell in 6+ months or so - could he do harm regarding the house sale - or just thru collection agency where he has no case? He pulled numbers out of thin air with no previous discussion or agreement or our verbal agreement for things we accomplished ourselves like putting together cabinets - we fired him we we found out his game. I took pictures daily of his work as insurance on what was /and not complete.If he did put a lien on our home, would we automatically receive notice?I just want to understand how to better protect myself from these predator type contractors for now, and in future + since it has been so long,to make SURE that he can not longer harass or cause problems for us should we decided to sell in months or even years from now. Can we put the house in a trust of sort to protect our backsides?
Expert:  Legal Ease replied 10 months ago.

He can continue to try and collect because the limitation period is just for suing you. It is two years so he cannot sue you but as I already explained it doesn't extinguish the alleged debt. A debt only extinguishes when it is paid.

He cannot harm the sale and he cannot put a lien on now. It had to go on within 45 days of his substantially completing the work and then to perfect the lien he had to sue you. You would have received notice of the lien and at this point it would have expired in any event as he didn't sue you.

There is no reason to put your house into a trust and that will harm you and not help you. First, if you are transferring title to defeat a creditor it is considered fraudulent and the transfer would be set aside. Second, you would get stuck with capital gains tax as the only exemption is for individuals who have the house as their principal residence.

I think you are worrying too much about this situation, really. He is a bully but that is all.

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