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12-08-2022, 03:47 PM
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Join Date: Aug 2016
Posts: 184
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Leons
An immigrant friend of mine bought some furniture from Leons. Paid for delivery to their appartment building and when her husband escorted them to the elevator to go up with them to take the piece up to their floor, they damaged the inside of the elevator ceiling to the tune of $5000 for which my friend was sent the bill by her landlords management company.
They are both new to Canada and have little money and are quite naive to the ways and means to have this properly resolved. She told me that repeated calls to the Manager have been unsuccesful. To me, they are being stonewalled by Leons hoping they go away. She went to try to get legal aid but was turned away for some reason.
They only have content insurance for their items in their appartment.
Anyone have some advice that I could use to help them?
Or anyone have an experience like this or info on how it was resolved?
Thanks in advance for responses.
FHD
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12-08-2022, 03:56 PM
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Moderator
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Join Date: Feb 2015
Posts: 7,657
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Has nothing to do with them. If Amazon is delivers a package to my house and buddy smashes into a parked car, I don't pay for that. I'd simply return the invoice and tell them to forward it to Leons.
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12-08-2022, 04:12 PM
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Join Date: Jul 2009
Location: GP AB
Posts: 16,239
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Did your friend damage the elevator? No?
I guess the Landlord should call Leons then.
Being in the elevator with some incompetents delivering furniture doesn't make them liable for damage caused by said incompetents.
__________________
'Once the monkeys learn they can vote themselves a banana, they'll never climb another tree.'. Robert Heinlein
'You can accomplish a lot more with a kind word and a gun, than with a kind word alone.' Al Capone
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12-08-2022, 04:16 PM
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Join Date: Jul 2022
Location: Spruce Grove, AB
Posts: 231
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If the driver damages the elevator then the driver is responsible for the damage. Unless the building owner can prove that the tenant did the damage, the tenant is not responsible. If the landlord thinks he can just send a bill to the tenant and expect to get paid, he had better be able to convince a small claims judge. That's the only way the tenant should be held responsible.
So your friend should send the bill back and advise them who should be paying and end it there. If he gets kicked out he'll have a human rights case.
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12-08-2022, 05:29 PM
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Join Date: Apr 2011
Location: Edmonton Area
Posts: 4,102
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We will never shop at Leon's again, worst customer experience ever. Everything was nice right up until the point that got my money.
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12-08-2022, 05:37 PM
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Join Date: Nov 2010
Location: Edmonton
Posts: 424
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Nowadays most elevators have cameras - so the landlord should have proof that the Leon’s delivery staff were the ones to damage the elevator ceiling. Tell them to go pound sand or your lawyer will be in touch. Leon’s has insurance to pay for these damages.
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12-08-2022, 06:01 PM
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Join Date: Jul 2009
Location: Out of Town
Posts: 861
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Landlord looking for the easy out, give it to the most vulnerable and easy target and not fight the big guy. Throw it at the walk and see if it will stick tactic.
They need a good old Albertan to go with them to the landlord and explain to him how it works in plain English. And a little mention of a lawyer getting involved might spark a change of mind.
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12-08-2022, 06:34 PM
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Join Date: Jun 2007
Location: Edmonton
Posts: 2,108
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Is the building open to the public and would the public have access to the elevator or did the tenants let them into the building? If it’s the latter half tenants are likely responsible and would have to go after Leon’s / Delivery Company to recover damages.
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12-08-2022, 06:48 PM
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Join Date: Apr 2008
Location: alberta
Posts: 1,956
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they should visit Leon’s with a witness (you perhaps)
and make an urgent appointment or you can to talk to the store manager or his or her assistant and say in no uncertain terms deal with it now
also ask for their insurance company and policy number to,file a claim
and ask to have it resolved within a week or their will be further damages
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12-08-2022, 11:49 PM
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Join Date: Jan 2008
Location: Calgary Perchdance
Posts: 18,883
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It would be spelled out in the lease or rental agreement. If they are an owner then the bucks starts with the unit owner.
Usually the responsibility falls on the tenant or owner in a condo. Condo association or building looks to there first.
Surprised the insurance doesn’t cover it. They hopefully called and talked with their insurance company… and get them to contact Leon’s company.
Also can they be sure the damage wasn’t there before and are just the scapegoat.
…but… read the agreement. We can only speculate.
__________________
It is not the most intellectual of the species that survives; it is not the strongest that survives; but the species that survives is the one that is able best to adapt and adjust to the changing environment in which it finds itself. Charles Darwin
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12-09-2022, 07:33 AM
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Join Date: Dec 2012
Location: At the end of the Thirsty Beaver Trail, Pinsky lake, Alberta.
Posts: 24,603
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The bill would be sent back with a detailed note as to who damaged the elevator roof upon delivery.
Unless there is something in writing as part of the rental agreement.....ya never know but the landlord will have to dig that up if it exists.
5K damage eh.....ya right.
__________________
Be careful when you follow the masses, sometimes the "M" is silent...
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12-09-2022, 01:39 PM
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Join Date: Jul 2010
Location: Edmonton
Posts: 11,858
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They were not the ones who did the damage to the elevator. It was the delivery guys.
They are not liable.
This one is easy.
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