[ficklefaerie]

I didn't have much luck in 2004 with cars.
We bought a car from my brother in Feb 2004
It needed work on it so we took it to Canadian Tire, At the time they put in a new battery and altinator and fixed the exhaust. They fixed the exhaust from the muffler up to the front of the engine.
We were told the back of the exhaust had a small pin hole but it would pass an emmission test OK. We stored the car in the garage until we had the money to insure it, get plates and pay for emmission test.
In May, we had the car towed from the garage to canadian tire to have the emission test done as we were ready to get it on the road.
I was expecting a bill for 40.00 or so for the emmission test. I was told the next day that the exhaust need to be replaced because it wouldn't pass the test. The car never left my garage from Feb to May but now the exhaust was no good? My 40.00 bill went up to 400.00. I din't know what to do so I asked if they could fix it the next week since I didn't get paid until then. They said that was fine it would be left in their lot.
I work midnights so I sleep from when I get home at 8 a.m. until about 2 p.m.
I got a call the next week around 8 in the morning from canadian tire saying I had to get my car fixed or move it. I was half asleep as I had just gotten home form a night shift and asked the girl if I could call her at 2:00 p.m. when I woke. She said fine.
I got up at 2 p.m. and called right away.
My car had already been towed. The tow truck company wanted 200.00 for the towing. I told them I wouldn't have any money for 3 days. The bill in three days would be over 300.00.
I called canadian tire they said too bad.
They were in possession of my car and my keys and handed them over to mall security to have my car towed.
I was told I should have had canadian tire charged criminally with "unlawful exchange of property" This required a lawyer.
The car sat at the towing company while I proceeded to try and get a lawyer or someone to help me.
The result was, my car was sold by the tow company, I now owe them for 2 months of storage because once the car was there for 1 week I could no longer afford to get it back.
I want to sue Canadian Tire for the unlawfull exchange of my vehicle, the storage and towing, the repairs for 750.00 that I paid them in feb. and what I paid for the car when I bought it in Feb.

Can I do this and how do I do this?

[ScottGem]

First, if the towing company sold the car, then any proceeds form the car would fist be applied towards your bill, anything left over should have been returned to you. You would only owe them the difference between what they sold it for and their storage bill.

Second, It sounds like you have a case (and this seems to qualify for small claims court). But the problem is proof. Canadian Tire can simply claim that you were given time to recover the car and didn't so they were forced to have it towed by the mall. They can also claim, though it would be harder, that there was more damage that they didn't fix the first go round.

[ficklefaerie]

I only paid 1,500 for the car. The tow and storage bill was more then the car was worth once it sat at the tow company for 2 weeks.
The reason it sat was I am low income and thought I could get legal aid to help me with this. It took 2 weeks to get an appointment at legal aid and then I found out that I couldn't get legal aid unless I was being sued.
I found out form a police officer that I should have gone to the police right away when it was towed and had the car returned to me, that was how I found out it was unlawfull exchange of my property.
I know nothing about the law and had no idea that this was illegal or how to go about getting the car back. I asked the tow company if they would return my car and let me take canadian tire to court for the fee but they wouldn't release the car until I paid the fee to them.

I think I need a lawyer to help with the way in which I present my case. I don't think I can take a lawyer to small claims court and certainly can't afford one. If legal aid doesn't take these cases then how do I find a lawyer for advise on how to go about making sure I do this right? Without paying an arm and a leg.

[excon]

Hello faerie:

I think you should just kiss your $1,500 goodbye. I don't think you could win IF you knew what you're doing. You don't.

excon

[ScottGem]

The prupose of small claims court is to allow people who can't afford lawyers to try and recover from things such as this. I'm less skeptical than excon here. But you don't risk much. The filing fee is small. The thing is to feel you are in the right and act that way. Don't worry so much about the fine points of law, small claims court is much more informal.

[ficklefaerie]

It isn't a case of kissing my 1,500.00 goodbye. It is a case of 1,500.00 plus 750.00 in repairs and 2000.00 for the towing company. Why the hell should Canadian Tire not be held accountable for handing my car and keys over to a third party without first telling me they were doing it?

I am not the only one they have done this to. The mall has a contract with this towing company and the tow company looks for whatever excuse they can to tow peoples cars.

It is the whole principle of what they did that was wrong!

[ScottGem]

It is the whole principle of what they did that was wrong!

Ahh but there I disagree. If property has been left over long then it can be towed. I had a similar issue a few years back. My car broke down in upstate NY miles while I was on the Thruway. I was lucky enough to be near an exit and managed to coast my way into a Thruway authority parking lot. I was parked in a far corner of the lot. I called the authority and explained my car had broken down and I was arranging to have it picked it. But the arrangements took too long and they had it towed so I had to pay the tow company and have it picked up from them. Even though I kept in contact with the Thruway Authority they were within their rights.

[ficklefaerie]

This is where my problem is.
The police said they could have gotten it back if I had called them because the car and the keys were given to Canadian Tire. That means it was in their hands to look after my car or make sure I was notified that I had to move it.

The police were the ones that told me it was " unlawful transfer of property"

[excon]

Hello again ficklel:

Part of the problem I alluded to above is rearing its ugly head. You, actually, DON'T know what you're doing. The police are NOT the people from whom you should be getting your legal advice.

excon

[ficklefaerie]

Thank you ex-con for the help in not telling me what I should do. Good thing you aren't a lawyer.

[Justice Matters]

You may no longer be able to sue. The limitation period for claims such as yours is two years. If we were representing Canadian Tire (which we aren't) that would be the primary argument in our defence. Our secondary argument (and keep in mind we're playing devil's advocate) is that you failed to mitigate your damages. Had you begged, borrowed or stole the $200 necessary to release your car from the towing company that would have greatly reduced the loss you experienced.

If you still wish to take a chance on this you can obtain information about the Ontario Small Claims Court from Ministry of the Attorney General - Home. The court fee to file a claim is $75.

Note: Canadian Tire is a registered business name. The legal entity behind that name is Canadian Tire Corporation Limited.

[excon]

Hello again, fickel:

Look, if I thought you could recover something, I'd help you. I'm not here for the other guys. I'm here for you. I told you what I thought was the best thing for you. I don't think you really have a case. I don't think you've documented your case enough to win, if you DO have one. And finally, I don't think you know how to work your case, if you have one. This isn't the place to learn how to sue somebody.

So, I just don't want you to spin your wheels. The best thing is to learn from this experience and don't do it again. If that happens, you'll be WAY ahead in the long run.

excon