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[OP]
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Apr 5, 2009
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Last edited by stansoltz on Oct 14th, 2019 8:06 am, edited 4 times in total.
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Deal Expert
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Jul 30, 2007
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Toronto
If your net is overhanging onto the roadway, Canada Post can use this as argument of not taking any responsibility at all. In fact, they can do the opposite and send a claim to you for damaging their truck.
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Mar 9, 2007
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Think of the Childre…
Canada Post can come to you for damages to their truck because your property is on City's property.

WOULD SOMEBODY THINK OF THE CHILDREN!!!
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Feb 11, 2007
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Oakville
stansoltz wrote: This canada post driver came flying down the street, and must have been just inches from the curb, and hit my BBall net... it fell and the rim is bent and the backboard scratched. What do u think I should do - ask the driver to pay out of pocket? or report to Canada Post (insurance?) I have the name and truck # and video evidence. Only issue I see is that the net is on the lawn, right next to curb... so technically on city property... and the rim would hang about 8 inches into the road.

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Sounds like your net was illegally placed and hit a car driving down the road. You're lucky he's not coming after you for damages.
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Jan 12, 2014
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Laval
I know someone who got a $7000 bill from a delivery companies insurance because the basketball net over hang on to the road and damaged the side if the truck, and got a fine also from the cities by-law dept in the mail also.
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Dec 6, 2006
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Toronto
Quietly walk away OP.
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Nov 15, 2004
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You're lucky it was a Canada Post van and not a fire truck. Count your blessings that Canada Post hasn't come after you and don't let your net stick out into the road again.
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Mar 9, 2007
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Think of the Childre…
Who knows..........time will tell.
Piro21 wrote: You're lucky it was a Canada Post van and not a fire truck. Count your blessings that Canada Post hasn't come after you and don't let your net stick out into the road again.

WOULD SOMEBODY THINK OF THE CHILDREN!!!
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Sep 13, 2016
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Mississauga
Ha ha ha. Rofl.
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Oct 23, 2008
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I was coming in to blame OP but see everyone else beat me to it. Face With Tears Of Joy
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May 30, 2005
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Although the placement is less than ideal, I don't buy that there are any legal grounds for Canada Post or the truck driver to claim any damages.

If a car was illegally parked and you drive into it, can you claim the other car's insurance for damages? Can a car that hit the garbage bin on the curb or on the street claim damages from its owner? The answer is no.
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Feb 25, 2004
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Longueuil
Jon Lai wrote: Although the placement is less than ideal, I don't buy that there are any legal grounds for Canada Post or the truck driver to claim any damages.

If a car was illegally parked and you drive into it, can you claim the other car's insurance for damages? Can a car that hit the garbage bin on the curb or on the street claim damages from its owner? The answer is no.
That was also my first thought. I don't know if the net placement respects bylaws but if a car is parked on the side of the street, you can't simply ram into it and then claim damages? Was the driver really looking at the street while driving? If he didn't see a big net, what if it was a child by the side of the street?
Try not! Do or do not, there is no try...
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Jan 2, 2012
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KINGSTON,ON
The net was situated on City property.
It was damaged, and damaged a vehicle in the process.Thankfully no one was injured.
File it in the, "That was a bad idea" life experience category.
Don't seek recompense. You will be sad with the outcome.
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Nov 17, 2012
3292 posts
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Toronto
...I'd be nervously waiting for the bill from Canada Post. They do that - I work with telecom companies who regularly bill other companies for damaging their network facilities etc. CP will have a similar process for damage to their fleet and infrastructure (mailboxes etc).
Deal Guru
Jan 25, 2007
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Paris
JEDI Force wrote: That was also my first thought. I don't know if the net placement respects bylaws but if a car is parked on the side of the street, you can't simply ram into it and then claim damages? Was the driver really looking at the street while driving? If he didn't see a big net, what if it was a child by the side of the street?
What if it was a parade of elephants? But it wasn’t... It was a basketball net left on city property overhanging the road.
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Sep 8, 2007
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Way Out of GTA
Better lawyer up OP for when they sue you. Get a good defence lawyer on retainer and let us know how the case goes.
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Dec 27, 2007
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Edmonton
OP wherr do you live? I want to drive my buddies POS lifted vehicle so it can hit your net. He is looking to sell so this will just make things easier. Might even profit on it
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Sr. Member
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Feb 25, 2004
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Longueuil
torontotim wrote: ...I'd be nervously waiting for the bill from Canada Post. They do that - I work with telecom companies who regularly bill other companies for damaging their network facilities etc. CP will have a similar process for damage to their fleet and infrastructure (mailboxes etc).
It works the other way around. If you hit a utility pole with your vehicule, you are the one that damaged it. In this case, the driver hit the basketball net. You cannot say that the net hit the truck and damaged it. Maybe the net was not placed legally and the owner could be fined for that (I don't know, you would need to check bylaws I guess) BUT it is a different matter. In Québec, you are required by the law to have insurances for at least 50k to cover damages that you could do if you hit something with your vehicule and damage it.

I think there are 2 questions that need to be answered (I don't have the answers):
1. Does a wrong nullifies another wrong? (ex: you parked your vehicule illegally, can someone vandalize it without any consequences simply because it was parked illegally?)
2. Is it illegal in this city to have a basketball net by the side of the street?

Things might be different from where I live but people here leave stuff on the side of the streets all the time without being fined. I see basketball net and hockey nets by the side of the street all the time (maybe my area is more kid friendly). Contractors (I am not talking about handy men but real contractors that seem to have a serious business) leave renovation and landscaping materials on the street while they work (pavers, soil, bricks, wood...). As long as it is not larger than the width of a car, I have never seen them being fined when a city or police vehicule goes by. Even the city will very often leave recycle and trash bins on the side of the streets after they emptied them. I am not lawyer but good luck going after the city for damages to your car if you hit a recycle bin by the side of the street.

I don't know, it doesn't seem as obvious to me as some that the driver is not responsible for hitting a non-moving object by the side of the street.
Try not! Do or do not, there is no try...
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Oct 23, 2008
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JEDI Force wrote: It works the other way around. If you hit a utility pole with your vehicule, you are the one that damaged it. In this case, the driver hit the basketball net. You cannot say that the net hit the truck and damaged it. Maybe the net was not placed legally and the owner could be fined for that (I don't know, you would need to check bylaws I guess) BUT it is a different matter. In Québec, you are required by the law to have insurances for at least 50k to cover damages that you could do if you hit something with your vehicule and damage it.
A utility pole doesn't overhang into the road. Neither do the signs that are attached to them.

If they did, every bus and truck would be hitting them.

OPs basketball net was overhanging over the roadway, so issue is OPs, not CanPost.
Tis banana is IRIE :razz:

10% off is cold, 50% off is warm, 75% off is hot, but FREE IS RFD!
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Jan 13, 2004
1566 posts
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Mississauga
I don't get it looks like u have a descent size driveway, why isn't it on the driveway a bit stupid if u ask me.
"With today's sheep mentality sometimes I feel like going to a wall and just bang my head"

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