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  1. #1
    Join Date
    Jul 2011
    Ottawa, ON

    Default Damage to Vehicle Due Partially to Negligence

    My question involves landlord-tenant law in the Province of: Ontario

    I'm living in an apartment building and pay for a spot for my car in the parking lot. There are two large recycle bins that are placed side-by-side against the wall by the corner of the building, 5-10 yards from my car. Often the superintendent leaves one bin slightly off the wall and is therefore less protected from the elements. During a short but strong storm, a gust of wind took one of two large recycle bins and smashed it into my car's back glass, shattering it, then carried it into another car but not damaging it. The other recycle bin didn't budge. A witness confirmed the entire situation, and coincidentally he was the owner of the other vehicle.

    The superintendent won't take responsibility, although that I feel it was partly his fault and partly nature. I am now emailing the regional manager and hope to get some sort of compensation out of this unfortunate incident. Should the building owner or their building insurance company cover the cost of repairs or am I out of luck? How much responsibility for this incident should they take, given that one bin didn't at all move while the other ended up traveling about 20 yards in the air? Any advice is much appreciated.

    Rough schematic of the incident:

  2. #2
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: Damage to Vehicle Due Partially to Negligence

    I suggest posting your question on a board that handles Canadian legal issues. If it were me I would make a claim with my own insurance, assuming I had coverage, and let them subrogate against the apartment if they believed they had a basis for doing so.

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