Lawyer Christopher Dimakos talked to Mutsumi Takahashi about how Montreal motorists can seek compensation from the city for pothole damage to their cars.
The following information applies only to the city of Montreal.
Potholes
·In 1993, the city drafted legislation to protected themselves from claims for damages resulting from potholes and road conditions.
·The law states that the city is not liable for damages to "tire and suspension"
·Courts have allowed for claims for all other damages : "metal wheel, bumper, undercarriage, gas tank, etc.."
·If city knew about pothole, but didn't react within a reasonable delay, you can then also claim for damages to rubber tire and suspension
Claims Process
·15 days to file a notice of claim with city
·Should include reputable estimate, location of pothole, dimensions of pothole with notice
·City should respond within a few months
·If rejected, file with small claims court no later than 6 months from incident
Slipping and falling:
·City again excluded themselves from liability resulting from a fall on a sidewalk or street
·However, if icy sidewalk was reported to city, and they failed to act quickly, city would be held responsible in same manner as with potholes
·3 years to claim for bodily injury, contrary to 6 months for pothole damage
