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TOPIC:
#18754
LATE-BILLING kills former PMC's 'records cleanup bil' : DISTINCT v TCECC #1702 2017/08/25 03:19  
A Toronto Small Claims judge has dismissed as litigated TOO LATE, a Toronto condo management company's bid to enforce collection of FOUR YEAR OLD alleged billings.

The PMC claimed for labour to clean up what the judgment candidly describes as the chaos left by the named immediate predecessor management company.

That earlier predecessor (also named) company is candidly described to have left the condo corporation records in fraud & disarray at the North York Part 10 CECC. ( Part 10 model corporate activity lawfully targets the common area virtually exclusively in such. )

With its life-saving contract now also terminated, neither can the plaintiff manager now establish even any defendant approval to pay $12.5 K for those alleged four year old invoices ( as of date of filing ).

NOR any evidence of an agreement by the defendant former client to EXTEND ( described as ‘agreement to TOLL the limitation period’) NOR TO SUSPEND the 2 year deadline by the (Ontario) Limitations Act’s section 22.

But the $ 750 costs awarded here at 3 .75 % is well below the 15 % Small Claims guideline ( would have been $ 3 K). Why did the Deputy Judge use his discretion that way ?

Whatever was actually the scenario here, generating management clients risks wasting lots of non-recoverable expenses on a certain type of client with both feet on banana peels.

( An online notice of July 26/17 Construction Lien against this client http://prod5.dailycommercialnews.com/csp/208279 ) happens to target a June 2017 UG garage membrane repair for what appears to be this townhouse community. ) It is again unknown what the actual scenario has been.

Doing a credible professional job for such a client may never be profitable. Altruistic or otherwise, 'pro bono' labour may be wasted on such.

Retroactively trying to convert upfront business generating labour out of such a scenario, can be pretty shaky.

Is this a cautionary tale of the risks of bottom-feeding ?

1238235 Ontario Limited (Distinct Management Group) v Toronto Common Element Condominium Corporation No. 1702, 2017 CanLII 51564 (ON SCSM) issued July 14/17 http://canlii.ca/t/h59l4
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