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Law and order

akslop

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Any lawyers on here willing to answer a few questions with sending me an invoice?

Dont be afraid. Nothing serious. A unique issue i cant seen to find any answers to.

Thank you
Polska
 

Yoda

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I'm not a lawyer but there are various forms of law questions. Is it referring to real estate law, criminal law, corporate, commercial?
Do you only have 1 phone call?
 

akslop

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Thanks Yoda Petty stuff but the principal of what's happening has me pretty miffed.

Summary.

I operate a company that until May was located in Port Coquitlam. We had operated their for 30 plus years. Just over 2 years ago the city came in and and wrote The company up foir numerous violations due to the building being out of date with the current code they no longer we willing to grandfather us around the codes. We rent not own.

This lead to me not being able to obtain a business license for those 2 years. So instead the city would fine me double the business license fee as a penalty ($964.00). No Big deal I gladly paid it because it was alot cheaper then renting another 4000 sqf.

But because I could not get the business license the company would also be ticket by bylaw enforcement 150.00 a year. Again No big deal except the latest ticket that was issued 2 weeks before we moved was put in my personal name and not he company. I asked the city to re issue the ticket and take it out of my name which they said they were not going to do and they didn't do.

I could easily pay the ticket and the issue be dead but for me its the principal of it all that some civil servant down at city hall did not do their due diligence or was just plain lazy and targeted me personally for a debt I am not liable for. From my understanding its against the law.

So here we are present day and the ticket I did not pay has now been sent to collections with the usual blurb. Well personally my credit has been affected from this all be it minor but I keep going back to the principal of the whole situation that me having zero interest in the company leave me personally not liable for the debt .

I couldn't find any info on web, but I dont think I have much chioic ebut to take the city to court over it. The law is the law and they broke it. I'm confident I have a leg to stand on this one but I am no lawyer. just a dumb polish high school dropout

http://www.bclaws.ca/civix/document...ction Act [SBC 2004] c. 2/00_Act/04002_09.xml

section 120 article B seems pretty cut and dry to me

Cheers
 

Yoda

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I'm no lawyer but is it possible that your ticket was written personally because the business itself has no license?
That's a tough one to tackle I think especially fighting city but beyond that, it will get ridiculously dragged out I'm sure being it city and do you really wanna pay the lawyers fees to prove a point? I'd think it would be a lot cheaper to pay the tickets or even make the requested changes to the business as requested.

Just wondering, if you are renting space, doesn't the space owner have any responsibilities to make these changes?
 

akslop

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I'm no lawyer but is it possible that your ticket was written personally because the business itself has no license?
That's a tough one to tackle I think especially fighting city but beyond that, it will get ridiculously dragged out I'm sure being it city and do you really wanna pay the lawyers fees to prove a point? I'd think it would be a lot cheaper to pay the tickets or even make the requested changes to the business as requested.

Just wondering, if you are renting space, doesn't the space owner have any responsibilities to make these changes?

I though the same thing but the city still bills the business name for not having a license and 2 previous by law tickets were issued to the company. It is just the last ticket was for what ever reason ( probably someones error) was sent to me personally. I'd end up representing myself if I did have my day in court. Small claims.

I guess to put it into perspective for argument sake lets say said city official comes in and inspects a local coffee shop and the coffee shop is found to be in violation for only having 1 operating washroom when they should have 2 according to the bylaw. It is unreasonable to think the cashier would personally be ticketed for this. The cashier is just an employee of the company. It would be the business that should be ticketed.

I realize I am making a big issue out of a small problem. The fact is that now me said cashier of the coffee shop has had their credit rating affected for merely showing up to work. It has wrong all over it. Now lets say said cashier needs a couch and goes to the brick and applies for credit terms only to be denied by this black mark on their credit due to the above issue. Just doesnt seem right which is why I Believe I have a case based on the issue of liability for the debt.

Appreciate your interest and suggestions Yoda.

On the issue of owner responsibilities . I have found its quite a bit different in regards to regulations from residential to commercial. Residential renters have alot more to fall back on and residential owners have a lot more responsibility in regards to leases. Improvements in commercial would need to be negotiated upon lease re newel. If the lease was signed in January 2013 and city came in and wrote you up in Feb 2013 for code violations your pretty much screwed.
 

Sir M

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If you think you are right, go to court and represent yourself, just explain it to the Justice; the identity of who is ticketed issue sounds worth arguing (based on what you are relating). Read the by-law(s) first, it shouldn't be rocket science. You will have to be ready to address why you operated a business without having a licence etc. Its up to the municipality re the specific allegation(s) though.
 

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