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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 101395
Experience:  Lawyer
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There- I was wondering how a verbal contract is proven?

Customer Question

Hi there- I was wondering how a verbal contract is proven? The reason I ask is my wife was mandated to look after a disabled senior. The agreed upon fee was 15/hr. She never collected any of the fee. She was appointed POA and proceeded, with his agreement, to liquidate items in his home that was deemed unlivable.
A cleaning company was hired to remove unsanitary items from his property. The cost of clean up exceeded 40K.
He had a track record of delinquency on paying all debts.
The relationship has fractured and he is now claiming that no agreement was in place for care-taking. What do we do?
Submitted: 2 years ago.
Category: Canada Law
Expert:  Debra replied 2 years ago.
What province is this and how much is owing?
Customer: replied 2 years ago.
Quebec and 16K
Customer: replied 2 years ago.
She exercised the POA and entered in a contract to liquidate some household items. She is holding the proceeds of the sales until everything is cleared up based on his delinquency history in paying all debts. It has taken her just under 1 yr but she has put his financial affairs in order. He says that she "stole" the proceeds but she is only holding it until the debt is cleared up. He says he will sue her for the proceeds. My wife is very upset and is looking for advice. Thank you
Expert:  Debra replied 2 years ago.
He can sue her for the proceeds and that is fine because your spouse will counter-claim and sue him for all he owes. The Judge will know at once that she was not intending to be a volunteer and so she will get what she is owed. Does that clarify the situation?