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deleted.. thanks for the advice everyone
Last edited by zippy092; 06-04-2010 at 05:17 PM.
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Re: Not Sure if this goes here...
Yes this is the right place to post your unfortunate incident since it has lots of financial consequences.
I can't speak to Canadian laws but a US small claims court would hear your 'case' so there's every reason to think that a Canadian small claims court would hear your case as well.
From my 'layman's' second-hand legal experiences, it will be easy to get a judgement for your original $340 providing you can come up with some sort of additional 'proof' that the fusions were done incorrectly ( perhaps a notarized statement by one of the stylists who removed them ).
As to getting another $130 back to cover the costs of removal at a different salon, the judge could go either way on this. As you have posted, the hair dresser who did the fusions is already revealing her defense ... that she would have removed them free of charge but you did not give her the opportunity to do so.
As to attempting to recover lost wages, in the US such a claim would have to be made in a civil court as opposed to a small claims court - because at minimum it would be necessary for you to prove that the salon that originally did the fusions did them incorrectly, to prove how much money you would have earned had the incident not occurred, as well as proving that no option to 'mitigate the damage' was available to allow you to continue working i.e. wearing a wig over your damaged hair. Small claims courts are generally limited to matters where the amount of money involved is already clearly documented. In a US civil court a jury would be involved and you would have to retain a private attorney to prepare and file the 'malpractice' case. If you were in the US, it's very probable that the costs of filing a civil lawsuit to recover lost wages probably would not counterbalance the likely amount of money that would eventually be awarded for lost wages ... if indeed you were to win the case.
Also, in the US, filing a civil court lawsuit would also create an official public record of the fact that you are a 'stripper' and that your regular earnings amount to X dollars per week ... a fact that could be brought to the attention of state tax agencies and the IRS. I don't know how this sort of thing might work in Canada.
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Re: Not Sure if this goes here...
Yes, you should ask for lost wages. The worst that could happen is the court will not grant them to you.
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Re: Not Sure if this goes here...
You can ask the court to subpoena the other salon
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Re: Not Sure if this goes here...
OMG, you poor thing! Sure for the lost wages. I hope you win, she really butchered your hair. What a terrible hairdresser, I hope she loses her license. Can you also complain to whatever Beautician Licensing Board is active in your area?
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