In Markham’s Unionville community the only battle you usually find in Crosby Park is a competitive one in sports played on the baseball fields or the ice of two separate arenas located there.
But another fight has been brewing since September after several people say their vehicles were sprayed with paint.
Teruyuki Koidezawa made the discovery after taking his kids to the Markham Village Arena for skating lessons on September 10.
“When I came out to leave that day I realized my car was speckled with all this paint.”
He had seen there was roofing work being done on the neighbouring Unionville Curling Club arena and says while several parking spots were blocked off with tape and cones, he and others, parked near the baseball fields in spots that were open.
Sandra Osbaldeston also parked there and she, too, had paint on her vehicle.
“My car was completely speckled with white paint.”
Both drivers say they contacted the Unionville Curling Club, who told them to contact the contractor in charge of the work.
“The roofing company said it’s water-based paint so it should come off easy by taking it to a detail shop,” Koidezawa said. “But I did that and they couldn’t get it off.”
He then took it to his dealership and was told it needed to be completely repainted.
“In total that was just more than $35,000,” he said. He filed a claim through insurance and after paying a deductible they covered the cost.
Osbaldeston says she also had to have her vehicle repainted, which was also covered by insurance.
The two say they are speaking out on behalf of seven other vehicles impacted by overspray from the roofing work at the curling club. Many have gone to both the club management and the roofing company asking for compensation.
“No one wants to do anything,” Koidezawa said. “The curling club says ‘Hey, that’s not our responsibility and then Austin Roofing said that we have a contract, which releases us from fault.”
The owner of the roofing company, Patrick Austin, says overspray is very rare but does occur, a fact he says was clearly communicated to the Unionville Curling Club multiple times and in bold print in the contract the board signed.
“The roofing contractor will not be responsible for overspray on any vehicles, equipment, or any other aspect surrounding the building or below,” the contract states.
Austin says the contract also clearly put the onus on the curling club to warn all neighbours who use the parking lot that the work is being done and the risks associated with parking nearby.
Austin said his crew took it one step further by placing safety cones with caution tape at all entrances and along the perimeter of the property, which he claims were moved by someone allowing people to enter the lot to park.
The curling club did send out notices on August 25 alerting neighbours of the work being done, as did the City of Markham, which owns Crosby Park.
In emails obtained by CityNews, written by management at the Unionville Skating Club which uses Markham Village arena, and sent to the Curling Club — the skating club says the warnings were not adequate.
“While a few spots were blocked off, no signs were posted to indicate any potential hazard, and all affected vehicles were parked legally in available public spots,” the email stated.
Speakers Corner reached out to the Unionville Curling Club who acknowledged the contract their board signed, but says the issue over reimbursement doesn’t fall on them.
“The terms of UCC’s contract with Austin are confidential, but it remains that Austin Roofing is responsible for any negligence in their performance of the work,” said Club President Michael Heap. “Our insurer told us that this matter is between Austin Roofing’s commercial insurance and the affected individuals and their insurers, as it appears that Austin’s negligence was the cause of the situation.”
That’s a claim Austin whole heartedly denies, saying any lapse in responsibility lies fully with the curling club.
“Specifically, the requirement to issue proper notices to neighbouring buildings or regular attendees. This could have been conducted through bulletins or even signage taped along the walls. This is precisely why our organization consistently issues notices in writing to assist.”
Austin says out of good will he paid for one vehicle to get the paint removed at a nearby car detail shop, providing us with emails and receipts. He points out the paint on that vehicle was easily removed for less than $500.
But again, both Koidezawa and Osbaldeston say the work on their vehicles was much more extensive.
“We tried to get it done before filing claims, but the paint could not be removed,” Koidezawa said. “Somebody has to take responsibility for this.”
While they wait for resolution, Osbaldeston says she is in talks with a lawyer.
“If nothing happens, that’s the route that I will go.”
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