ARTICLE · 25 AUGUST 2022

Filing A Claim For Pothole Damage Against A Municipality

McLeish Orlando LLP

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Potholes are becoming increasingly present on our roadways and are often unavoidable. The damage that they cause can be costly, especially if serious personal injuries result. In these cases...

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Savannah Snyder (Summer Student)

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Potholes are becoming increasingly present on our roadways and are often unavoidable. The damage that they cause can be costly, especially if serious personal injuries result. In these cases, you should consider bringing a lawsuit for damages caused by potholes or similar road deficiencies.

Who is Responsible for Repairing Potholes?

In Ontario, Section 44(1) of the Municipal Act requires municipalities to maintain roads in a state of repair. Therefore, when damage is caused by a pothole that is not in a reasonable state of repair, a claim can be made against the municipality in which the pothole is located. It is important to note that some roads, like the 400-Series highways, are maintained by the Province of Ontario. For these roads, the Municipal Act does not apply.

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