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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 101418
Experience:  Lawyer
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I do on the side landscaping in the summers. No company

Customer Question

I do on the side landscaping in the summers. No company registered. I started one house and started ripping up his grass he wanted new grass. He has very old looking AC UNIT outside while we were there the ac unit started blowing out air from a hole it looked like. Nobody was home Nobody saw it happen.. We finished up n left. I emailed the guy and told him what happened. The next day over email he said an AC guy came and said theres a sharp cut in it by a shovel or piece of equipment. Keep in mind the unit looks 15 years old rust all over it about to die. He says do my lawn for free and is practically saying I broke it. My worker was there with me. He then emails me and says I contacted a lawyer and taking this legal action. I had no contract. Just verbal. Over email. Im 19 years old in ONTARIO Canada. Can he take me to small claims court? Costs $2200 to replace his unit he said I don't want to pay for something I didn't break
Submitted: 2 years ago.
Category: Canada Law
Expert:  Debra replied 2 years ago.
It's not likely he called a lawyer. And not conceivable that he will hire a lawyer to deal with this. It is very possible that he will sue you in Small Claims Court. But even if he does not only can you easily defend and have a witness but he is not entitled to a new AC even if you did break his. He is entitled to have the unit put back into the condition it was in before it was damaged and so he is entitled to an old, on its last legs AC at best. If he doesn't pay you what he owes you for the landscaping you can register a lien on title and the sue him.
Customer: replied 2 years ago.
Okay thank you for the answer. Can he not get his ac guy to say this was indeed cut? Like this is a coincidence. We did not touch his unit, we were doing around it.
Expert:  Debra replied 2 years ago.
He can call an expert if he wants to but the two of you will testify that it was not you who did the damage and this expert will also have to testify that the unit was old, and rusty etc.