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Q: admission of secret tape in court ( No Answer,   3 Comments )
Subject: admission of secret tape in court
Category: Relationships and Society > Law
Asked by: hich12-ga
List Price: $20.00
Posted: 11 Aug 2006 12:40 PDT
Expires: 10 Sep 2006 12:40 PDT
Question ID: 755115
I am in the process of suing my builder. He promised me to make
changes to the house plan and i paid him accordingly. I have taped my
telephone conversation with him where he made these promises. He was
not aware of my telephone taping. I am now suing him and in urgent
need for advise as to the legality of admitting telephone conversation
in Ontario, Canada. I need a court case reference where similar secret
taping was admitted in court.
Thank you

Clarification of Question by hich12-ga on 11 Aug 2006 12:51 PDT
the builder never did the changes we agreed to and which he was paid
for. he claims the building plan allows him to make changes without
consulting me. The telephone record clearly confirms that he promised
to make the changes.
There is no answer at this time.

Subject: Re: admission of secret tape in court
From: sonoritygenius-ga on 11 Aug 2006 13:04 PDT
In U.S. Unless the opposing person is made aware he is being taped -
you cannot use it in Court. I think Canadian laws are very similar..

But I think your case is winnable either way YOU are the customer
(hopefully you didnt sign a contract that prohibits you from ammending
changes in services rendered)
Subject: Re: admission of secret tape in court
From: markvmd-ga on 11 Aug 2006 15:56 PDT
Sorry, Sonoritygenius, but US law varies from state to state on this.
In some states you need permission of all parties being recorded, some
states only one party; not surprisingly, that's usually the party
doing the recording.

It gets more complicated if the call is interstate.
Subject: Re: admission of secret tape in court
From: cynthia-ga on 13 Aug 2006 00:07 PDT
I work in the RE industry in the US. There is always a paper trail.
Wasn't there an addendum signed by both parties to cover this change?
Isn't there proof of payment, say a check with [ *insert change here*
] written on the bottom left of the check?

In any event, this question has been answered here. You musty consult
an attorney in Ontario.


Recording calls in Ontario, Canada

In the US, you can get a free consultation over the phone with
practically any attorney. They are fishing for work and will give you
a quick answer.

Were you working with an Agent? I know the answer. 

If you were working with a Real Estate Agent this would not have
happened. That's what agents are for, to be sure this does not happen.
I can't believe how many people try to go it alone on one of the
largest purchases they will make in their lifetime. Realtors are there
to protect everyone involved, buyers, sellers, and themselves.

Next time, don't try to save money on ANY home or land transaction by
not having a licensed Realtor to represent your interest, you'll lose
in the end.

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