Should Montreal compensate drivers for cars damaged by potholes

One driver got fed up enough with the damage done to his car by a pothole, that when his claim with the city for $1200 in repair bills was turned down – he decided to take the City of Montreal to small claims court and sue them. Erik Choueke, who happens to be a lawyer, was driving on Cote-St-Luc Road during the winter of 2017 when he hit the pothole that broke both the axels on his car. The hole was more than six feet in diameter and between six inches and one foot deep. He claimed an amount of $2,218.28, not only to cover the cost of repairs but also for the loss of time, stress, cost of alternate transportation and inconvenience. He was only awarded a total of $945.30, that included 5% in interest and $150 for legal fees recently – but he won. He beat the city.

According to CAA-Quebec, you ‘cannot hold a municipality or the provincial government liable for material damage to your vehicle’s tires or suspension system due to road conditions. But despite that legal restriction, you can still sue a municipality or the Quebec Ministry of Transport for carelessness, negligence, or misconduct. The burden of proof, however, rests with the driver’. You would also have to prove it was a case of carelessness, negligence or misconduct, need evidence (i.e. – witnesses, pictures, lack of warning signs), a repair estimate from a recognized auto shop and prove the pothole had already been reported to the city before the incident. *For details go to: https://www.caaquebec.com/en/on-the-road/advice/tips-and-tricks/tip-and-trick/show/sujet/pothole-damage-claims-and-compensation

Perhaps it is time for the city to take more responsibility. Drivers in Montreal have been dodging an ever increasing number and size of potholes on the roads for decades. It is not only because of the weather and freeze-thaw patterns of the seasons, but it is also due to neglect and bad planning not just by the present city administration, but the previous administrations as well. This past season has proven to be one of the worst, causing all types of serious, costly damage to cars and it is the owner who has to pay for it all.

By: Bonnie Wurst – [email protected]
Facebook
Twitter
LinkedIn
Email


sample essays

Choosing and Narrowing an Essay Topic

A good essay subject matter is the main way of producing an excellent essay. It defines the direction for the entire essay, and how much easier it will be to find sources and structure your thoughts. But all of the options can be a bit overwhelming. So how do you choose one and then after

Canadian hgh-speed train stops

Canada High-speed train in the works

Canada, one of the greatest countries in the world has no high-speed train. With all our land and resources we unfortunately still have a train system from the 1970’s. A high speed rail system has been talked about for decades to link Montreal and Toronto. Governments have promised from time to time in campaigns but

Montreal

What’s Behind the Growing Number of Online Casinos in Montreal?

Montreal, a hub for technological and entertainment innovation, is experiencing an increase in online gambling activity. The online gambling market in Canada, particularly Quebec, is projected to see significant growth. Recent statistics reveal Canada’s online gambling market is expected to reach $362.89 million in 2024, with the online gambling sector reaching $4.19 billion, an annual

How Pay-by-Phone Casinos Support Privacy-Conscious Players

The matter of your privacy is the most important thing nowadays when we’re talking about today’s digital age, and it is especially true for online casino players who wish to keep their financial and personal information out of the reach of fraudsters. Pay-by-phone casinos are some of the most convenient ways to deposit money at

life-saving drugs

Making medicine faster: How experts help create and test life-saving drugs

Developing new medicines is a long and challenging process, often taking several years from the discovery phase to approval. However, scientific advancements, innovative research strategies, and collaborations between pharmaceutical companies and healthcare experts are accelerating this process. Thanks to these efforts, life-saving drugs can reach patients faster, helping to combat diseases more effectively and improve

Mtltimes Subscription

The latest on what’s moving Montreal and the world – delivered straight to your inbox