Insurance Claims

The Town’s Operations Division maintains approximately 32 kilometers of roads that experience a significant freeze/thaw cycle each year. These fluctuations, in addition to increasing traffic in the region, create holes in the road surfaces. 

The Town has adopted the provisions of the Provincial Minimum Maintenance Standards (MMS) for Municipal Highways (Ontario Regulation 239/02) which establishes the frequency of road inspection and repair. These standards require the Town to fix a pothole within a period that ranges between 4 days and 30 days, depending on the size of the pothole and the class of roadway. The timeline to fix a pothole is triggered only after the Town becomes aware of the problem.  If the MMS are being met, liability will not be found against the Town.

If you feel your vehicle has been damaged due to an improperly maintained road, you should immediately contact your automobile insurer. Your insurance policy may provide coverage for any damage and this may be the quickest way to repair your vehicle and recover costs. Alternatively, if your insurer believes the Town to be negligent, they may seek compensation on your behalf.

Claims for non-repair of a Town roadway must be received in writing by the Town within ten (10) days of the incident. Follow the procedure outlined in the How to Make a Claim section of this page.

It is worth noting the Municipal Act, 2001, recognizes that the standard of care required of municipalities is one of reasonableness and not perfection. Applying this legal consideration means that the Town is rarely legally liable for damage caused by potholes. However, all claims receive a fulsome, independent review to ensure that proper consideration is provided for assessing the Town’s liability in relation to any and all damages claimed.

The Town is also responsible to cleaning up road debris “as soon as practicable after becoming aware of the fact”. As per section 9 of Ontario Regulation 239/02, debris is defined as:

any material (except snow, slush or ice) or object on a roadway,

1. that is not an integral part of the roadway or has not been intentionally placed on the roadway by a municipality, and
2. that is reasonably likely to cause damage to a motor vehicle or to injure a person in a motor vehicle

 Please be advised that the Highway Traffic Act requires you to report the accident to the police if the combined damage exceeds $2,000 or if there are injuries. 

 If you spot a pothole or road hazard, please notify the Town using the Report an Issue Form.  

If you have been injured on Town property and believe your injury is a direct result of the Town’s negligence, please note that the Municipal Act, 2001,  places time restrictions on the reporting of accidents on roads and sidewalks including those involving slips, or trips, and falls.

Such incidents must be reported to the Town within ten (10) days of the occurrence in order to be considered. If you choose to make a personal injury claim, please follow the procedure outlined in the How to Make a Claim section of this page.

If your property has been damaged by a tree or branch located on Town property, please contact the Clerk/Director of Administration or use the Report a Problem form on our Town website.

If you plan to submit a claim for the damage, please note that each claim will be examined individually. You will need to demonstrate that the Town was negligent and this resulted in the damaged property. Unless the Town had prior knowledge of the tree or branch that posed a hazard and did not take appropriate steps to eliminate the hazard, they usually will not be found liable for the incident. Weather events resulting in tree or branch damage will not necessarily mean that the Town was negligent.

If you choose to make a property damage claim, follow the procedure outlined in the How to Make a Claim section of this page.  

The Province of Ontario is governed by the Direct Compensation Rules of the Insurance Act. Regardless of fault, all physical damage must be reported to, and paid for, by your own automobile insurer.

The Highway Traffic Act requires you to report the accident to the police if the combined damage exceeds $2,000 or if there are injuries. In addition, if you feel the other party violated a traffic code, resulting in the accident, you must report the accident regardless of damage.

To make a flood claim, you must show that the Town was negligent, either in the design, construction or the maintenance of the sewer or watermain. Even when technology improves or our understanding of weather changes, the law doesn't require the Town to rebuild its older sewer systems to meet every new standard. Updating an entire community’s pipes can be extremely costly or sometimes physically impossible. 

Please note that the Town will not be responsible for property damage if the Town has met installation and maintenance standards for its water and sewage systems.

Installation

Installation of water or sewer service was completed with the engineering practices that prevailed at the time.

Maintenance

The Town maintains a proactive system to care for and quickly respond to issues with our water and sewer infrastructure. It's important to know that many pipe breaks and sewer backups are caused by severe weather, not maintenance issues.

Key weather impacts:

• Winter pressure: Freezing and thawing ground can crack water pipes.
• Storm overload: Heavy downpours can exceed the sewer system's design capacity, leading to backups.

Sewer back-ups

As a homeowner, you are responsible for maintaining and repairing the entire sewer pipe (lateral) that connects your property to the Town's main sewer line as per the Water & Sewer Operations By-law (52-2022). 

Common causes of backups:

• a clogged or damaged private lateral
• intense rain or spring snowmelt can overwhelm the system

Protecting your property

You can help reduce weather-related risks by ensuring proper lot grading, directing downspouts away from your foundation, and considering flood-proofing devices.

If your property sustains damage as a result of a Town construction project, please contact your insurance provider. They may provide coverage for the damage and pursue any party they believe to be liable on your behalf.

If you wish to make a claim for property damage, follow the procedure outlined in the How to Make a Claim section of this page.

Each claim will be examined individually. As some construction work is conducted by independent contractors on the Town’s behalf, claims associated with third-party work are the responsibility of the contractor. Contractors hired to do work on the Town’s behalf are required to provide general liability insurance for the project for this purpose.

If it has been determined that a third-party contractor had control over the location at the time of the loss/damage, the Town will notify you and provide the name and contact information of the contractor so that you may pursue the claim directly with the responsible party. Please note that the Town cannot intervene on your behalf.