Wednesday, October 2, 2013

damages.doc

(edit - after calculating actual losses, and weighing the time required to launch a lawsuit, this thought process was permanently put on hold in the fall of 2013. i realized that what was most important to me could not be replaced, and would be difficult to determine actual costs of. i decided that my self-interest was not to drag on the past through litigation in what limited time i had available to me but rather to maximize my time by focusing on my art, and to move on. 25/08/2019.)

I have attempted to carefully compile a list of missing and damaged items, as well as their replacement costs. These items are missing or damaged due to theft or negligence. I am sending this document jointly to the stepmother and the sister with the hope that they can, together, determine what the cause of each missing item is and who it is that is responsible for returning or replacing it. I am sincerely hoping that legal action is not required in recouping what it is that I am legally and morally entitled to. While this list is as complete as I’ve been able to make it, it is likely incomplete. Should legal action be required, further items may be added if their disappearance is realized between now and then. Should legal action not be required, this document should be considered final.

For the bulk of the items that are missing, the relevant question is the cost of replacement, rather than the initial cost. There are items, however, that cannot be replaced and they will be considered on a case-by-case basis.


In the interests of fairness, I have taken the value of the items that were given to me into consideration. Once again, the issue is the amount it would have cost me to purchase the item on my own terms, not the amount that the item actually cost. Legally, this is not truly a relevant consideration, so please note that I am being generous in taking these things into consideration.

Please take special note of the section that contains items I would like returned.

That some of these things are missing may come as a surprise, so I am going to attempt to provide a few deductions as to what may have happened to some of it. There has already been some discussion surrounding negligence, and an admission of responsibility. I am also making a clear accusation of theft regarding at least two items. In addition to this, I am also missing a great deal of boxes for electronic items that I have purchased over the years. The boxes, of course, have no actual value except for their use value. However, I most certainly had a box for a computer tower that included dozens of smaller boxes for various items like external drives, pc cards, keyboards, etc. While most of those boxes were empty, some of them were not. It seems, then, that much of the electronics that I’m missing (and specifically the keyboard, microphone and external drive) were discarded accidentally with those thought-to-be-empty boxes, which also included a lot of user manuals and other useful things of the sort. I also suspect that a lot of the books that are missing were taken deliberately under the misunderstanding that they had previously belonged to the father of the stepmother. The relevancy of this concern is more personal than legal (and I am a just and empathetic person), but the blunt truth is that only a few of the missing books were actually his, and most of the books that I did take from him (with permission) are actually not missing.
 
I’ve generally rounded up or down to the closest whole number.

Kitchen Items
Item
Cost
Source
Receipt?
Comments
Blender
+$10
Walmart
Yes
Sale Price.
Coffee Maker
+$10
Future Shop
Yes
Sale Price.
Toaster
+$20
Future Shop
Yes
Sale Price.
Kettle
+$10?
??
N/A
Not Yet Replaced
Pizza Cutter
+$1
Dollar Store
No

Dish Drainer
+$9
Walmart
Yes

Microwave
-$50
Donated
N/A
I would have bought a very cheap microwave.
Pans
-$0
??
N/A
I would not have purchased extra pans.
Total
+$10




Furniture & Bedroom
Item
Cost
Source
Receipt?
Comments
Couch & Chair
-$0
??
N/A.
I would have used items found on the curb.
Wood Chest
-$10
??
N/A.
I would have found something old on kijiji.
Computer Desk
-$20
??
N/A.
I would have found something old on kijiji.
Bed
-$200?
??
N/A
I would have purchased a new bed, but cheap.
Blanket
+$25
Walmart
Yes

Hangars
+$10
Walmart
Yes

Total
-$150




Electronics
Item
Cost
Source
Receipt?
Comments
Keyboard
+$21
Walmart
Yes
.
Monitor
+$
??


Battery Charger
+
??
N/A.

~10 D Batteries
+
??
N/A

External CD Drive
+



USB Camera
+



VCR
+



Shure Mic
+



Two mini-cassette tape recorders
+


I only need one.
Four-Port Router
+



Computer Mic
+



Total





Items I would prefer returned
Item
Cost
Comments
Winston Electric Mandolin
+$
The Winston Electric Mandolin I had was an antique item and is not exactly replaceable. I would prefer the exact item to be returned. If this is not possible, I would need for it to be replaced.
12-String Ovation
(with guitar stand)
+$
The 12-String Ovation I had was an antique item and is not exactly replaceable. I would prefer the exact item to be returned. If this is not possible, I would need for it to be replaced.
Wood Chess Board With Pieces
+$0
I played dozens and dozens, probably hundreds, of games of chess with my father on this board. It was an absolutely central part of my childhood. I was first given this item by my father in 2004. It was in my possession for nearly 10 years. I have no interest in a replacement board.
Game Theory Textbook
+$
I believe this was lent out.
Sheet Music
+$100
Much of this sheet music was marked up by me and it is the markups that I cannot replace. However, I can repurchase more music and start again. I suspect this may be with a number of piano books that had ended up in my possession. I don’t care about the piano books, but please give me back what is mine.
Total



Irreplaceable Personal Items
Item
Cost
Comments
Black and White Portrait of Me Drawn by an Ex-Partner
+$
This item was somehow destroyed. It can never be replaced. However, I have a scan of it and I would like to get it blown up. This is the replacement cost.
Nine Inch Nails Shirt
+$
Retired Shirt. I cannot repurchase the wear and memories, but I can wear it back down again.
John Lennon Shirt
+$
Retired Shirt. I cannot repurchase the wear and memories, but I can wear it back down again.
House of Guitars Shirt
+$
Retired Shirt. I cannot repurchase the wear and memories, but I can wear it back down again.
Genesis Tour Poster
+$10
I don’t know what happened to this. It can’t actually be replaced, but I can get a new poster.
Billy Corgan Guitar World Poster


Mogwai poster


Certificate of Provenance
+$
This was a signed artefact by the musicians in the band “coil”.
Total



Other Items
Item
Cost
Comments
School Bag
+$
I had an expensive hiking bag with a zipper problem.
Set of White JX-8P Keys
+$

Business Suit,
with shirts
+$1000
This was purchased at Moore’s in 2007.
Total



Books
Item
Cost
Gravity’s Rainbow

The Communist Manifesto

IT

Brothers Karamazov

The Scarlett Letter

Heart of Darkness

Grapes of Wrath

The Republic

The Discourses (Machiavelli)

The Prince

Lady Oracle

Total


CDs
Item
Cost
Cost Estimate
Comments
Sold CDs re-purchased second hand
$120?
Partial Receipt
My father indicated repeatedly that he wanted me to have his CDs. What happened is entirely incomprehensible.
Cop shoot cop - release


Destroyed cover art
Cop Shoot Cop – White Noise


Out of print. Ebay Price. Destroyed cover art.
Einsturzende Neubauten – Silence Is Sexy


Destroyed packaging.
Einsturzende Neubauten – Tabula Rasa


Destroyed packaging.
Tool – A Thousand Days


Destroyed packaging.
The Art of Noise – The Ambient Collection


Disc not functioning.
The Smashing Pumpkins - Aeroplane Flies High Box Set


Box Disappeared.
Skinny Puppy – Rabies


Destroyed Cover Art.
Jello Biafra & The Melvins – Sieg Howdy


Destroyed Cover art.
Holst – the planets (rca classics, with Ralph Vaughn Williams piece)


Destroyed cover art.
The mars volta  - amputechture


Destroyed cover art
Einsturzende neubauten – perpetuum mobile


Destroyed packaging
The Electric Light Orchestra – No Answer


Destroyed Cover Art
Hater


Destroyed Cover Art
Django reinhardt  - swing 39



Alice In Chains – Tripod


Destroyed Cover Art
Alice In Chains – Nothing Safe


Destroyed Cover Art
Glenn branca – lesson no. 1


Destroyed cover art
The Cure – Disintegration


Destroyed cover art.
Total