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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 100386
Experience:  Lawyer
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We have a condo unit in Ottawa, which we rent. My business

Customer Question

We have a condo unit in Ottawa, which we rent. My business takes me for long – over 6 month’s overseas trips. About 2 years ago, I missed a condo payment when I was overseas.
On my return, I had a letter from Condo Corporation as the last warning for payment. I attended to letter and personally delivered the outstanding condo fees to the corporation. The Condo Corporation in the meanwhile had assigned this case to a local law firm. I had delivered the payment to the condo corporation before we received the letter from the lawyer.
Now the condo corporation was satisfied but I had this Law firm wanted to pay their legal fees. I did not agree that I owe the law firm money to them since I did not hire them and I had never agreed to any fees.
Low and behold, they put a lean on my condo for $5500 and my mortgage company paid and cleared this lean.
I believe this was unethical and illegal for the law firm to put a lean on the property and I am looking for ways to present to an independent judicial authority. I am hoping that Ontario’s small claim court would be ideal for such a case.
Question: Can this case be processed in Small claim court in Ontario? If not, is it smart to fight with a law firm over this amount in the Superior court. Principally I want to fight this – as I believe it was unjust and law firm is using its power.
I am looking for suggestions.
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.
The question is whether the condo retained the lawyer before you paid them or after you paid them. It sounds like you are saying they had already retained the lawyer. If that is the case and then unfortunately you will not be able to succeed in court as you are liable to the condo to repay them the fees they had to pay the lawyer. It if not fair for them to have to absorb the fees that you caused the to incur. So it has nothing to do with your not hiring the firm. The condo did because of your error in not paying the fees.I am sorry this happened to you and also that I could not give you the answer you were hoping for but I don't want you to be hurt further. If you sue you will lose and then get stuck with their legal fees to defend your lawsuit.

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