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Debra, Lawyer
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I own a condominium and was driving my car down to the underground

Customer Question

I own a condominium and was driving my car down to the underground garage. My car was half way in when the garage door came down on my car. I reported the malfunctioning door and the damage it caused to my car to the property manager. Next day they told me that there was considerable damage to the door and I am responsible for over 2,000.00 in damages. I told them I would not proceed to claim damages for my car if they drop their claim against me for damaging the door (since it was a malfunctioning door that created the damages in the first place). They threatened to put a lien on my condo unless I pay. What can I do to prevent them putting a lien on my condo.
Submitted: 4 years ago.
Category: Canada Law
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Customer: replied 4 years ago.

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Ted Greenwald

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Expert:  Debra replied 4 years ago.
Thank you for your question.

Before I begin I want to explain a bit about how the site works.

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I am happy to assist you but I don't understand the facts really.

Because what I simply don't understand is why if their door was faulty are you being blamed?

And why if their door is faulty are you willing not to blame them for the damage to your door.

So please explain what I am missing. For example, was your car too high and you took a chance of going into the garage?
Customer: replied 4 years ago.

They are claiming that I drove into the door while it was opening but from the location of the damages to my car you can plainly see that my car was halfway through the door when the door came down on my car.

Expert:  Debra replied 4 years ago.
Did you show this to them?

Is there a video camera that recorded this?

What about witnesses?
Customer: replied 4 years ago.

I think they have but they said the camera was not working. How convenient. There were no other witnesses. I believe that in the report that the garage door repair person made he mentions that the door safety switch was not working properly. I am trying to retrieve that report from my lawyer and will send you a copy when I get it.

Expert:  Debra replied 4 years ago.
I don't really need this.

Essentially they want to blame you of course but you seem to have excellent evidence of their negligence let alone evidence that the door was not working properly.

So what I suggest you do is have your lawyer essentially threaten a lawsuit.

The letter from your lawyer will go to the Condo's lawyer and possible to their insurers.

You can threaten to sue for damages to the car and for any damages you incur as a result of their registering a lien on title, and for your costs and interest.

This is not fair to you and you should not settle for each paying your own damages unless you lawyer feels that is the safest way to go.
Customer: replied 4 years ago.

My lawyer is afraid that if I proceed with the lawsuit and I loose that it will cost me a lot more than my insurance premium rate increase so he advises me to just hand it over to my insurance company. I just feel that I am 100% right and I am being bullied to admit to something that is totally not my fault. If they put a lien on my condo can I fight it in a small claims court or do I have to take it through the normal legal channels?

Expert:  Debra replied 4 years ago.
I have no doubt that you are being bullied.

If you show them the report about the fault with the door I am sure they will back off.

If you sue them in Small Claims Court I believe they can be ordered to remove the lien but I am not positive so please confirm that with you own lawyer.

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