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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 101416
Experience:  Lawyer
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This may be a stupid question. I had this contractor

Customer Question

This may be a stupid question.
I had this contractor installing a 1/2 inch glass railing to protect a set of stairs and an open overhang about 11ft above ground in a residential home development.
The contractor came with 4 glass panels (weight about 600 lb each) and a set of 4 offset bolts for each panel, which would be screwed in, at the bottom of the glass panels, the most about 1/2" into an wood joist.
I am an engineer, but you did not have to be one to realize that this system will last maybe until a person will try to lean a bit over, at which point would most certainly not hold and a fall from a 11 ft overhang over a concert slab would be eminent.
At the time of installation, I realized this, and I forbid the contractor to go ahead with the installation, at which point he left with my $9000 initial deposit, and very upset threatening that I breach the contract and even though I stop the installation I should have pay him the full amount, whatever.
I know I can go through the small claim courts and try to recoup my deposit etc.
My question to you is, that in this situation, I should've let him finish the installation and have a person fall and be injured or dead, before this would be called criminal negligence, or just the intend of finishing such an irresponsible job is sufficient to be called criminal negligence?
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.

You most certainly could not have allowed him to complete the job. First, you knew it was dangerous. Second he showed you how incompetent he was because he had no idea that this was dangerous. You could not possibly have allowed him to continue.

Yes you should be going to small claims court and suing him at once. Let me know if you need further information about that.

Customer: replied 1 year ago.
But is it criminal negligence knowing that as a result of your work someone can be injured or dead?
Expert:  Debra replied 1 year ago.

Yes it is possible that would be criminal negligence.