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Answered in 27 minutes by:
7/15/2014
VerifiedThank you for your question. My goal is to provide you with the best possible answer.
To achieve that goal it may be that I will find that I need to gather further information from you. As well, it's quite possible that you may feel the need to ask me additional questions for further clarification.
But, please understand that as a careful lawyer I will always give you an honest answer even if the answer is sometimes not what you were hoping for.
The fence has to be moved. If both of you agreed upon the placement two years ago then it's likely the case that a Court would require you to contribute to the fence being moved to the correct boundary line. So it would really depend on who decided where the fence would go.
As well, if the contractor who put up the fence erred and it is his fault then you can both consider demanding he rectify the situation for free and threaten to sue him.
Even though the limitation period in Ontario is two years that does not run until the claim was discovered so it is not too late to sue.
To achieve that goal it may be that I will find that I need to gather further information from you. As well, it's quite possible that you may feel the need to ask me additional questions for further clarification.
But, please understand that as a careful lawyer I will always give you an honest answer even if the answer is sometimes not what you were hoping for.
The fence has to be moved. If both of you agreed upon the placement two years ago then it's likely the case that a Court would require you to contribute to the fence being moved to the correct boundary line. So it would really depend on who decided where the fence would go.
As well, if the contractor who put up the fence erred and it is his fault then you can both consider demanding he rectify the situation for free and threaten to sue him.
Even though the limitation period in Ontario is two years that does not run until the claim was discovered so it is not too late to sue.
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