My brother has threated to rip up the basement and deck he built in my mother's home where I live there was no written agreement?

[Resolution2024]

Jurisdiction

Ontario

Can he sue us for the total cost of renovation for the basement and deck? Can he legally destroy the basement and deck on a property he does not own, my mother owns the property, paper is in her name. Forgot to mention, he also renovated one washroom (which he uses) and some wall designs on two walls.

 

[adjusterjack]

there was no written agreement?[/H1]

Oral agreements can be enforceable. Depends on who can prove what.

Can he sue us for the total cost of renovation for the basement and deck?

Can he? Sure. Anybody can sue anybody for anything.

Can he legally destroy the basement and deck on a property he does not own,

Probably a crime. Install cameras in case he does it. Then call the police.

my mother owns the property, paper is in her name.

Then this is your mother's problem, not yours.

By the way, unless you are in Ontario, California, my comments might not apply in Canada.

 

[Resolution2024]

I actually live in canada. It is kind of my problem because I live with my mother.

 

[adjusterjack]

What's your brother's problem? Envy about the arrangement? Does he think you'll get the house and he'll be excluded? Has he fallen on hard times? Something else?

 

[Resolution2024]

He is going through somewhat hard financial times, and has four kids to take care of, 1 of which he does not live with. The problem is i do not know fully what is his problem or why he became this way. He has a lot of issues currently has has to deal with. None of which me or my mother has directly caused.

 

[army judge]

Can he legally destroy the basement and deck on a property he does not own, my mother owns the property, paper is in her name.

If anyone threatens you with physical abuse, destruction of your personal or real property, such conduct indicates you should immediately call 911 and ask for a police officer, deputy sheriff, local constable, or city/town marshal to respond to your address ASAP.

Don't tolerate physical abuse, threats of violence against your person or property.

You don't have to be your own hero.

Our taxes fund heroes that live to protect and serve us.

 

[Red Kayak]

I actually live in canada. It is kind of my problem because I live with my mother.

This site is for US law.

While there are many thing that US and Canadian law have in common, there are also differences.

Were you in the US, my advice would be to:
1) Your mother should file a police report about the threats. (So far you've only mentioned threats of property damage, specifically your mother's.)
2) Start keeping a journal about your household's interactions with your brother.
3) Ditto AJ's suggestion of cameras.
4) Look into family therapy.

Not knowing the details of the situation, I can only say that yes, he can *try* to sue. Depending on the merits of his claim, he may or may not win. Vandalizing his mother's property might affect his credibility.

If there was an oral agreement to reimburse/pay him, and your mom didn't keep up her end of the agreement, then I can understand your brother's POV.