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.