Sign up to join one of the largest Law Forums on the Internet! Join Now!
Tweet Follow @LawBlogger1   

Advertisments:


Useful Links:

Bar Exam Flashcards
Discount Legal Forms
Discounted Legal Texts

Is this "Withholding Property?" (Canadian Law)?

  
Tweet

Is this "Withholding Property?" (Canadian Law)?

Postby zadok » Thu Aug 02, 2012 5:42 am

I don't know if this is a criminal charge or there is a similar charge to that affect. Please define it and tell me if it applies to my situation:
I parked my car in our condo garage understanding that I could not take it out until 11:30am. I went down at 11:35am and the garage door had no power and it was bolted shut. The notice did not say aprox or anything, simply "11:30am."
I opened the garage door and left because I had a very important meeting with colleagues from University.
Now, they've civilly invoiced me for needing to call the repair company.
Do they have the right or is this withholding property and I had the right to take it out? I'm an owner and live in the condominiumm.
Also, the manager said they could've criminally charged me for break and enter for opening the door. Can they do that? And if they can, don't I have a lawful excuse? What is the definition of break and enter -- the actus reus and mens rea. Or is it one of those offences where the intent is limited to the action itself. General liability or something.
Finally, can they criminally charge me for ANYTHING else? The police report said that there is no evidence of vandalism on the video tape. So they can't charge for that, but it didn't say they anything for break and enter. Does that mean we are clear because the police report would have mentioned something about break and enter if it was a possibility?
zadok
 
Posts: 0
Joined: Fri Apr 01, 2011 4:39 am
Top

Return to Property Law

 


  • Related topics
    Replies
    Views
    Last post

Who is online

Users browsing this forum: No registered users and 1 guest