Pothole damage claim denied, 2 drivers peeved

Motorists Dan Anstey and Alyona Popovych are still peeved about potholes.

After waiting more than three months for a reimbursement from the city, their damage claim was ultimately rejected.

“I hate this city,” said Anstey.

Oftentimes, the city will be legally liable only if negligence is proven.

“Under the Municipal Act, a City must take reasonable steps to ensure that its roadways are maintained and in good repair. The required standard of care is one of reasonableness — not perfection,” reads the letter signed by a claims investigator, dated June 12.

Under the province’s minimum maintenance standards, the city had four days to fix this crater on Vanier Pkwy. near Montreal Rd.

The pothole was reported to 311 by the pair after consecutively hitting the gargantuan grave on March 1.

Anstey’s out of pocket repairs cost roughly $300 while Popovich paid nearly $900.

They filed a joint claim.

The pothole, the investigator determined, was filled March 4, and the city had “no prior knowledge of the pothole on the above-mentioned road,” meaning all obligations were met.

“I fundamentally disagree with that decision,” said Popovych.

“Just because they didn’t know doesn’t mean they are not liable. Maybe they should revamp the hiring process for the asphalt workers, because clearly they are not doing their job correctly. Have you seen the ‘new’ asphalt laid last year on Wellington? The holes are deep and wide … What’s their excuse?”

kelly.roche@sunmedia.ca

@ottawasunkroche

http://www.ottawasun.com/2013/06/21/pothole-damage-claim-denied-2-drivers-peeved

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