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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 101442
Experience:  Lawyer
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There on june 5, 2013 large amounts of concrete dust

Customer Question

hi there
on june 5, 2013 large amounts of concrete dust was dumped into my pool from the neighbours backyard reno of stamped concrete. i spent the rest of that summer trying to correct it and all of the summer of 2014 trying to correct it. i have replaced the pool pump, fixed the heater and now i have discovered that two line are plugged and not working and the water has to be dumped. my pool is huge 35x40 so approx 130,000 litres of water. i am looking at 1200-1500 just in water, the sand has to be changed at the very least which is at least 15 bags at 30.00/bag and the lines have to be unclogged or fixed not sure at this point. my question is; does the two year statue of limitations apply starting june 5th, 2013 as i have shown reasonable means to correct the situation. i just learned that vacuuming to waste isn't working and the water will have to be dumped, pool vacuumed out and refilled. i am in the process of filling out the forms for small claims court... will i have to file by tomorrow or do i have time....thank you i would appreciate any advice. i am having problems with my keyboard and can't get the shift key to work for caps
Submitted: 2 years ago.
Category: Canada Law
Expert:  Debra replied 2 years ago.
You do not have time. The limitation period is not at all flexible.You must commence the law suit within two years of discovery the claim or within two years of when you could have discovered that the claim arose.You knew what happened when it happened so the two years will have started to run then. It doesn't matter what steps you took to try and mitigate your damages now. I will matter in Court but doesn't stop the limitation period from running.
Customer: replied 2 years ago.
thank you for your answer..... i knew that it happened however i was told to vacuum to waste and to buy appropriate chemicals to correct water chemistry i did not know until now that the lines were clogged and that i would have to dump the water or the extent of the damage. does that change anything
Expert:  Debra replied 2 years ago.
It is risky to wait. They will argue that you are too late to sue as you knew that they had done this and if they win that argument your lawsuit is statute barred and it is over. It is by far more prudent to start the lawsuit today. You don't even have to serve them immediately but it is much too risky to wait. Your being told the wrong thing cannot give you rights to sue after the limitation period. It may give you a right to sue the person who gave you the wrong information but not the neighbours.