Please note that the review and resolution of all claims may take up to six months or longer depending on the nature and/or complexity of the claim, and in order to obtain and review the necessary background information to make a determination on your claim. We appreciate your patience in this regard.
The City of Clarence-Rockland receives claims from people who believe that the city should compensate them for an injury or damage they have suffered and are of the opinion that the city is responsible. Typical claims include claims for injuries caused by slipping on a sidewalk and damage to cars due to potholes.
If you believe that you have incurred costs for which the city may be liable, you must follow the process below for the city to consider your claim.
For more information, please contact the City of Clarence-Rockland's Clerk's office by email at claims@clarence-rockland.com or by calling 613-446-6022. You can also consult our Claims Policy.
Before submitting a formal claim, it is important to keep in mind the following:
- Making a claim against the City is not the same as making a claim against your insurance. Making a claim through your insurance company means that you are taking advantage of your existing insurance coverage for your personal assets, via your insurance policy, whereas a claim against the City requires an investigation to determine whether or not the City is legally liable.
- If you have auto or property insurance, these should be the first avenues pursued in the event of a loss. Your existing insurance coverage may in fact be more extensive than any recovery that could be made from the City. If your insurer believes that the City is responsible, they may seek to recover damages against the City on your behalf.
- Making a claim against the City is a legal process and will take time as an investigation will be conducted by the Claims Unit to determine if the City was negligent, causing the damage or injury.
- Generally speaking, "negligence" involves the failure to meet the appropriate standard of care. For instance, if the City is aware of a dangerous situation on its property and it does not take steps to fix it within a reasonable time, the City might be found negligent if someone is hurt at that location. Similarly, the City might also be negligent if it built something that was not constructed according to the standards in effect at that time.
- Please note that the Claims Unit only makes payment where the City of Clarence-Rockland is legally liable for the damage or injury caused. Determination of liability is based on the presence of negligence on behalf of the City.
- For property damage claims, if the City is found to be negligent, the amount that you would receive in compensation is limited to current value and not replacement value and the City will not reimburse for improvements beyond the condition of the property just before the damage occurred.
- The investigation of your claim must be completed before the City will be in a position to consider any compensation with respect to repairs/costs. It is your decision if you choose to proceed with repairing damaged property prior to the outcome of your claim.
- The Claims Unit is committed to resolutions that are fair, reasonable, and in keeping with the City's legal obligations. Although you may not get the answer you were seeking, our staff will treat everyone with respect and professionalism throughout the process, and, will do their best to explain the City's position regarding each decision.
Potholes
The City of Clarence-Rockland region has a significant freeze/thaw cycle every winter and spring. This cycle, combined with traffic, creates holes in the road surface. Potholes can damage a tire or a wheel. In some cases, the suspension and/or steering systems may be affected.
The city receives several claims for potholes each spring. Unlike other types of maintenance, it is the Municipal Act, 2001 that sets the rules that the city must follow to avoid claims for such damage. These rules are grouped under the Minimum Maintenance Standards for Municipal Highways (MMS).
These provincial standards require the city to repair a pothole within a time frame of between 4 to 30 days, depending on the size of the pothole and its location on a paved or unpaved road. It is important to note that the city's responsibility to repair a pothole begins only when the municipality is made aware of its existence.
When the city receives a pothole claim, the city clerk's office will determine whether the conditions of the Minimum Maintenance Standards for Municipal Highways have been followed. If the city has followed these standards, it is not liable.
Trees
There are many trees on municipal property and accidents involving branches can occur, especially during high winds. When a claim is received, the city clerk's office will review the history of the tree to determine if the city was aware of its condition and if so, what steps it took to remedy the situation. Unless the city was aware that one of its trees posed a danger, such as a mouldy or cracked branch or trunk, and did not take corrective action, the city will generally not be legally responsible.
Flooding
Flood claims are the result of a backup to either storm or sanitary sewers or a water main break. It is important for individuals submitting a flood damage claim to understand that the Municipal Act, 2001 states that municipalities are not liable for damages caused by water and sewer leaks if they have not been negligent. Therefore, a claimant must prove that the city was negligent in either the design, construction or maintenance of sewers or water mains.
When the city receives a claim, it will look at the reasons for the flooding and determine if it was due to a problem in the design or construction of the drainage system, if the system was maintained to industry standards, or if a weather event was simply too severe for the system.
Since flood damage can be significant and the city's investigation process and processing time may take time, it is recommended that the applicant contact their personal insurance company first.
The City of Clarence-Rockland provides many services with its own employees. However, the services of a private contractor are sometimes used for major construction projects, snow removal and waste removal. If these private contractors cause damages in the performance of their duties, the agreements with the city stipulate that they must deal with these claims directly.
If you believe that you have been injured or that damage to your property has been caused by a contractor hired by the city, you may send your claim directly to the contractor.
You may submit a claim by mail to the following address:
1560 Laurier Street, Rockland, ON K4K 1P7
By email: claims@clarence-rockland.com
If you are submitting your claim by email or by mail/courier, please ensure that you include all of the following information and complete all mandatory fields, which are required to properly open and assess your claim:
- Please make sure that all mandatory fields are completed and that you include the following information:
Any documentation supporting your claim, including photos, sketches, and details of the damages or injuries. - If you are submitting a property damage claim, you must include receipts for the damaged items as well as two (2) repair cost estimates.
Although the City understands that anyone submitting a claim believes that the City of Clarence-Rockland is responsible for some portion of the injuries or damages, it is important to remember that this is a legal process. Each claim is investigated and evaluated based on the City’s legal liability.
The processing of a claim may take several weeks, depending on the complexity of the file. Claimants will be informed, as needed, of the status of their claim throughout the review process.
Failure to provide any of the information listed above will delay the processing of your claim.
Once you have submitted your claim, the Claims Unit will send you an acknowledgment within 10 business days. The length of time to investigate will depend upon the complexity and severity of the claim as well as the volume of claims received at certain peak seasons. A relatively straight forward claim often requires up to 4 weeks in order for staff to sufficiently investigate the matter. A more complicated claim can take several months to conclude.
Upon completion of our investigation, you will be notified of our assessment in writing. If your claim is denied, the Claims Unit will outline the results of the investigation and provide you with the information that supports the City's denial. If you still wish to pursue your claim after being denied compensation, your next option is to file a lawsuit against the City.
The City will provide you with a written response to your claim. If your claim has been denied and you are of the opinion that the city is still liable, you may choose to sue the city.
In accordance with the Limitations Act, 2002, any legal action related to a claim must be commenced within two (2) years from the date on which the damage or loss was discovered or ought reasonably to have been discovered. This limitation period applies regardless of the outcome of the City’s internal claims process.
Correspondence may be submitted to our office as follows:
City of the Clarence-Rockland – Clerk Office
1560, rue Laurier, Rockland ON K4K 1P7
Email: claims@clarence-rockland.com
Fax: 613-446-1497