Will Bed
Liening the municipality ?
OK so last year, before I was on TT4L, I delivered a notice, to the municipality, because they blew snow from the public way onto the private walkways of the property...
I'm taking care of removing the snow myself, but in september last year I exploded a shoulder, a very serious injury, which took 3 months before I could even start training it again, so I really didn't wanna have to clean any unwanted mess from the municipality.
They were served a letter/notice from William Bedard - which I didnt sign - that if that ever happened again, they would be invoiced.
The clerk at the front desk signed it when she received it and the first line said "Please inform every person concerned with this notice".
Of course, a few weeks later, they blew 3 ft of wet snow on the private walkways of the property on a icyrainy day, and I had to clean that mess.
I called the municipality to get an idea with their fees were if a private person were to blow snow from the private property to public ways, and I invoiced accordingly, $600, using the PERSON I have, which his registered with a business and tax #'s...
Took them a few months to follow up on this, claiming the Cities and Towns Act removes any responsibility from the municipality when a contractor they hire causes damages, and I should direct any claim to "the wrong contractor"...
Took another 2 months before "the wrong contractor" informed us that they weren't in charge of that area, so the municipality FWD the claim to the "actual contractor"... That's roughly 6 months after the municipality were initially invoiced...
This contractor made a counter offer of 150$ "in good faith", on the phone, which was obviously refused, saying the municipality never fwd'ed the original notice to them... They say even though I have photographic evidence snow was blown from the street to the private ways all the way along the property and they are the only ones with a contract to remove the snow from that street, there's no proof they did it.
Now the municipality claims no responsibility whatsoever, and that any claim should be handled though the small claims court vs their contractor...
I never contracted with those mofos, nor was ME or the PERSON ever informed that the municipality hired a contractor for that...
Apparently, there's a letter in the mail officially saying they don't give a shit, which they say they sent yesterday... Good to hear there will be one more proof of their dishonour and/or breach of public trust in my records...
Obviously, I have no fuckin intention of taking this to small courts. there's no contract between the PERSON and the municipality's contractor, the municipality is the party which must honour the public contract they have with their citizens, they received the notice and the invoice and never rebutted any of those 2.
Would this be enough to go ahead and lien the fuckers ? Should I lien them using the PERSON I have ? I still don't have a PERSON I can trust. Should I meet a justice to explain everything before moving fwd with this ?
There's the municipality, then there's a bank in my scope... I wanna make sure I don't take a bite at something I cannot chew...
Scott ? Gail ? Beverly ? Anyone else has any input on this ?