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Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 99508
Experience:  Lawyer
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I am trying to assess whther or not I should take a

Customer Question

I am trying to assess whther or not I should take a contractor/business to small claims - and trying to determine if I have a case or not -- Can you assist?
JA: Since laws vary from place to place, what state is this in?
Customer: I am in Ontario Canada -
JA: Has anything been filed or reported?
Customer: not yet
JA: Anything else you want the lawyer to know before I connect you?
Customer: no, I dont think so
Submitted: 7 months ago.
Category: Canada Law
Expert:  Debra replied 7 months ago.

Hello! My name is***** you for your question. I'm reviewing it now, and will post back again shortly.

Expert:  Debra replied 7 months ago.

I can certainly assist you. Please just set out the facts in a basic way and we can go from there.

Thanks

Customer: replied 7 months ago.
I had my drive way paved in June 2015
It was not done properly - and they need to fix it
The company has acknowledged that it needs to be repaired
we have been waiting over a year for this repair and keep contacting the company
we are told the same thing eavery time we call - that they are working on repairs and that they will contact us when they are comping to complete
I am tired of waiting , My questions is - Do I have any rights to take them to small claims court for a refund-
What is likely hood that I would win?
Expert:  Debra replied 7 months ago.

You will not likely succeed in getting a refund.

What you will get is an order reimbursing you for the cost of repairs if you have to have someone else repair the work.

So what would make sense is for you to get a few estimates of the costs for the repairs and then send the contractor a demand letter. In the letter set out the facts briefly and then explain how many times you have contacted them and that they have still not done the work. Tell them that you have now received three estimates or whoever many you have received and that if they do not come by and make the repairs by a deadline that you set you will commence legal proceedings without any further notice to them. You will then be seeking interest and your costs as well as reimbursement for the monies for the repairs.

You can sue in small claims court and can self represent. If you find you need help as you go through the process you can always post on the site again and I can assist you further.

Does that help as a starting point?

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

Customer: replied 7 months ago.
That's a good start - Thank you !
Expert:  Debra replied 7 months ago.

You are very welcome.

Please keep my name. It is Legal Ease. If you do end up suing or find you need some help in any event, the next time you post you can put my name into the question and then I will be the one to answer again.

Please rate me before you leave the site.

Thanks and take good care.

Expert:  Debra replied 7 months ago.

Is there anything more I can help you with at this point in time?

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