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Small claims court (Ontario)
Asked Apr 15, 2012, 03:43 PM
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23 Answers I'll try to keep it short and simple.. At a house party things got out of hand, I was in a rush to leave and while reversing scratched a car that was parked next to me (parked there after me and there were cars squeezed in on the driveway everywhere so nobody gets ticket on the street). I told the person I'll cover the damage, few days later he tells me the price, shop where he'll go etc and I bring him cash and have him sign a document stating that by accepting the money he agrees that covers any and all damages done to his vehicle that night, it states what will be repaired and that I will be getting receipt for the repairs performed in 10 business days. He signed it. Then later he says sorry no receipt, of course since damage was so small it can be buffed out so his plan is probably to pocked the cash. Well it's matter of principle now so I want the receipt and I'll go to small claims court to enforce this in needed..get a lawyer too (even though it'll cost me, again, principle). Any thoughts? |
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| The contract was giving money to someone for specific purpose and that person agreeing to what's in it and signing that contract. All I want is to be sure amount I paid is not more than the damage on the vehicle, and his intention is to repair the vehicle, signed/said in front of witnesses, email proof etc. so I just want to make sure that's done | ||||
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| Look you came here asking for advice. You have been given that advice. Yet you want to keep arguing. The fact of the matter is the law will not look on that paper as a contract. They will view it as a waiver of future liability. There is no two way here. You damaged his car and agreed to pay for the damage. You (rightly) asked for him to sign a waiver to agree to accept your payment as payment in full. You cannot require that he make the repair. Even though it was included in the waiver its unenforceable. You have no case. End of story! | ||||
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