Spring has sprung and potholes are popping up everywhere. Did you know that pothole repair laws exist?

Every Municipality is required to repair potholes, both on paved and non-paved roadways in a timely manner, however, you too are under timelines if you want to pursue damages. 

Continue reading this blog to save yourself from costly car repairs! 

 

What is and What isn’t a Pothole? 

A pothole is defined under the Municipal Act, 2001.O. Reg. 239/02 as “a hole in the surface of a roadway caused by any means, including wear or subsidence of the road surface or subsurface” and “the surface area of a pothole does not include any area that is merely depressed and not yet broken fully through the surface of the roadway.”   

 

The Standard has Been Set

Minimum standards for Municipal highways are outlined in the Municipal Act, 2001 which is updated every five years. The municipality’s responsibility depends on things such as the class of the highway (determined by the speed limit and average daily traffic), size of the pothole, and when the municipality is/was made aware of the hole. Get more information here: https://www.ontario.ca/laws/regulation/020239

 

Municipality Timelines

The legislation sets out timelines for road repairs that range from 4 to 30 days depending on the class of road.  You can and should report potholes in Middlesex County to the County garage at (519) 471-2020 and in the City of London to Road Maintenance at Phone: 519-661-4570 

 

Your Timelines

To hold Municipalities accountable for your damages, you are required to provide written notice within 10 days. We recommend doing this to preserve your rights to litigate while you assess your options. 

 

In most cases, you need a sample letter to send to the municipality– which will save you thousands in car repairs. Contacting your local law firm is a great place to start so that you can get this letter.  

Contact Millars Lawyers When You Can’t Afford to Lose. 

(519) 657-1LAW or info@millarslaw.com