Property Damage Legal Options

Summary

In British Columbia, intentionally damaging someone elses property can be considered illegal under the Criminal Code of Canada. If your mom wants to address the damage caused by your dad, she can document the damage, report the incident if necessary, and seek legal advice. Options include sending a demand letter, considering small claims court for claims under $35,000, or exploring restorative justice. Filing a claim involves some fees, but they are generally lower than higher courts. If safety is a concern, contacting the police, seeking shelter, or obtaining a protection order are important steps. Consulting a local attorney can provide personalized guidance.

Full Conversation

yo my parents are breaking up my dad got mad at my mom and broke something that my moms friend borrowered to her. He cut it with pliers
Hey there, I'm sorry to hear about the situation. To help out, could you tell me what exactly your dad broke? It might help to understand if it's something valuable or important.
Electric heating fan, he got mad since he was paying electricity bill
It sounds like there might be some property damage involved. In British Columbia, damaging someone else's property can be considered mischief under the Criminal Code of Canada.
- Mischief: This involves willfully destroying or damaging property.
Would you like to know more about how to address this legally or any potential next steps your mom can take?
yes I want to give advice to my mom, what's the smartest thing to do
Here are some potential steps your mom can consider:
- Document the Damage: Take pictures or videos of the broken fan and keep any relevant receipts or communication.
- Report the Incident: If your mom feels threatened or if the situation escalates, she should consider reporting the incident to the police.
- Seek Legal Advice: Consult a lawyer to understand her rights and potential actions.
- Consider Mediation: If safe, mediation might help resolve the situation amicably.
Would you like information on how to find a local lawyer or more details on any of these steps?
Details on what are the steps. My mom is paying back the damage
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Here are the steps your mom can take if she's paying back the damage:
- Document the Payment: Keep records of all payments made to cover the damage.
- Communicate Clearly: Ensure that all communication regarding the repayment is documented.
- Receipt Acknowledgement: Get a written acknowledgment from the friend that the damage has been paid for.
Would you like any additional information or help with any specific part of this process?
Is it worth it to sue my dad
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It might not be worth suing your dad over this incident, considering the costs, time, and emotional strain involved. Instead, focusing on clear communication and documentation might be more practical. If the situation escalates or if there's significant emotional or financial harm, seeking legal advice can be a more suitable next step.
is there a way to get him to pay back for destroying their property, without spending our money
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In British Columbia, you can consider the following steps:
- Small Claims Court: If the amount is under $*,*, your mom can file a claim in Small Claims Court without needing a lawyer.
- Demand Letter: Send a formal letter requesting reimbursement for the damages.
Would you like more information about filing a claim in Small Claims Court?
Would it cost money
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Filing a claim in Small Claims Court does involve some fees, but they are generally lower compared to higher courts. The fees vary based on the amount being claimed.
Would you like more details on the specific fees or any other steps in the process?
It's illegal to do that right?
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Yes, damaging someone else's property intentionally can be considered illegal under the Criminal Code of Canada.
Would you like more detailed information on the consequences or next steps based on your specific situation?
Yes, I want to give him consequences without paying my own money
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Using the legal system to get your dad to pay for the damages without spending your own money can be challenging. Here are some options you could consider:
- Demand Letter: Your mom can send a formal demand letter requesting reimbursement for the damages. This step doesn't usually cost anything if done personally.
- Restorative Justice: This is an alternative legal approach where the offender agrees to make amends for their actions without going through the full court process.
Would you like more details on sending a demand letter or exploring restorative justice?
What if my dad disagrees to demand letter
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If your dad disagrees with the demand letter, here are some options your mom can consider:
- Small Claims Court: As mentioned earlier, filing a claim in Small Claims Court can be an effective next step.
- Mediation: A neutral third party can help both parties reach an agreement.
Would you like more information on filing a claim or the mediation process?
it costs like * bucks, would it be worth it for small claims court
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Filing a claim in Small Claims Court can be worthwhile if the amount of the damage and the principle of holding your dad accountable matter to your mom. The court fees are relatively low, but consider the time and emotional investment involved.
Would you like more information on how to file a claim in Small Claims Court?
How much money would it be in bc
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In British Columbia, the fees for filing a claim in Small Claims Court are generally as follows:
- Filing fee: $* for claims up to $*,*; $* for claims above $*,*.
- Service fee: Additional cost to serve the claim to the defendant.
Would you like more detailed information on the filing process?
Would the heater be fixable if cut by the cord
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This seems more like a technical repair issue rather than a legal matter. If the heater's cord is cut, it might be fixable by replacing the cord. A professional electrician can safely handle this repair. Would you like more information on finding a local electrician?
Yes sure
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In this situation, it's more about property repair and family dynamics than a high-value legal case. It's best to consult a professional electrician to see if the heater can be fixed. Here are your steps:
- Contact a local electrician to assess and repair the heater.
- Document any costs and keep communication clear.
Would you like any additional guidance?
What if my mom doesn't feel safe for a decent reaosn
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If your mom doesn't feel safe, it's important to prioritize her safety. Here are some steps she can take:
- Contact Police: If she feels immediately threatened, she should contact the police.
- Seek Shelter: Consider temporary housing with friends, family, or a women's shelter.
- Legal Protection: Look into obtaining a protection order.
Would you like more information on obtaining a protection order or finding a local women's shelter?