Making a Claim

If you choose to make a claim against the Municipality of Kincardine for property damage or personal injury, you must provide written notification as specified in the Municipal Act, 2001. In some cases you are required to place the Municipality on notice within 10 days of the incident.

We suggest that in cases of damage, you contact your insurance company or broker. If the insurer believes the Municipality is responsible, they may seek compensation on your behalf as stipulated in your insurance policy. Failure to notify your insurer at the onset of the loss may affect your rights to recover costs under your insurance policy.

Alternatively, you can fill out the PDF claim form and submit by mail, fax or email using the below address:

Jennifer Lawrie, CMO
Manager of Legislative Services/Clerk
519-396-3468 x 7111
Municipal Administration Centre
1475 Concession 5, RR #5
Kincardine, Ontario N2Z 2X6
 

Please ensure that your notice of claim includes the following information:

• name, address, phone number and/or email address of the person making the claim;
• date, time and exact location (address or closest intersection) of the incident causing damage, injury or loss;
• complete description of what happened including photographs, police report (if available), diagrams, estimates and/or repair invoices to substantiate your loss;
• details of the type of damage or injury;
• the name of any other party involved including municipal staff or contractor; and
• list name(s) and contact information of any witnesses.

After a notice of claim is received, the Municipality will contact you to acknowledge receipt of the claim and an investigation will be started. Claim investigation times will vary based on complexity of the incident.

Please note that the Municipality’s assessment of your claim is final. If you are dissatisfied with the decision and wish to pursue a further dispute of the claim denial you may wish to consult your own lawyer regarding your options.

Under the Limitations Act, 2002, you must issue a Statement of Claim in an Ontario Court within two years of the date of loss. Written notice to the Municipality alone does not satisfy the requirement.

The Municipality has adopted the provisions of the Provincial Minimum Maintenance Standards (MMS) for Municipal Highways (Ontario Regulation 239/02) which establishes the frequency of road inspection and repair. These standards require the Municipality to fix a pothole within a period that ranges between 4 days and 30 days, depending on the size of the pothole and the class of roadway. The timeline to fix a pothole is triggered only after the Municipality becomes aware of the problem.

If the MMS are being met, liability will not be found against the Municipality. If you feel your vehicle has been damaged due to an improperly maintained road, you should immediately contact your automobile insurer. Your insurance policy may provide coverage for damage and this may be the quickest way to repair your vehicle and recover costs. Alternatively, if your insurer believes the Municipality to be negligent, they may seek compensation on your behalf.

Claims for non-repair of a municipal roadway must be received in writing by the Municipality within ten (10) days of the incident. Follow the procedure outlined in the How to make a claim section of this page.

The Municipality is also responsible to cleaning up road debris “as soon as practicable after becoming aware of the fact”. As per section 9 of Ontario Regulation 239/02, debris is defined as:

any material (except snow, slush or ice) or object on a roadway,

(a) that is not an integral part of the roadway or has not been intentionally placed on the roadway by a municipality, and

(b) that is reasonably likely to cause damage to a motor vehicle or to injure a person in a motor vehicle

It is important to note that the Municipality is not responsible for all the roads in the region. The Province and Bruce County maintain certain highways, and privately-maintained roads and parking areas exist.

Please be advised that the Highway Traffic Act requires you to report the accident to the police if the combined damage exceeds $2,000 or if there are injuries. 

If you have been injured on municipal property and believe your injury is a direct result of municipal negligence, please note that the Municipal Act, 2001, as amended, places time restrictions on the reporting of accidents on roads and sidewalks including those involving slip, or trip, and fall. Such incidents must be reported to the Municipality within ten (10) days of the occurrence in order to be considered. If you choose to make a personal injury claim, please follow the procedure outlined in the How to make a claim section of this page.

If you plan to submit a claim for the damage, please note that each claim will be examined individually. You will need to demonstrate that the Municipality was negligent and this resulted in the damaged property. Unless the Municipality had prior knowledge of the tree or branch that posed a hazard and did not take appropriate steps to eliminate the hazard, they usually will not be found liable for the incident. Weather events resulting in tree or branch damage will not necessarily mean that the Municipality was negligent.

If you choose to make a property damage claim, follow the procedure outlined in the How to make a claim section of this page.

If your property sustains damage as a result of a municipal construction project, please contact your insurance provider. They may provide coverage for the damage and pursue any party they believe to be liable on your behalf.

If you wish to make a claim for property damage, follow the procedure outlined in the How to make a claim section of this page. Each claim will be examined individually. As some construction work is conducted by independent contractors on the Municipality’s behalf, claims associated with third party work are the responsibility of the contractor. Contractors hired to do work on the Municipality’s behalf are required to provide General Liability Insurance for the project for this purpose.

If it has been determined that a third party contractor had control over the location at the time of the loss/damage, the Municipality will notify you and provide the name and contact information of the contractor so that you may pursue the claim directly with the responsible party. Please note that the Municipality cannot intervene on your behalf. 

The Province of Ontario is governed by the Direct Compensation Rules of the Insurance Act. Regardless of fault, all physical damage (including cracked or chipped windshields) must be reported to, and paid for, by your own automobile insurer.

The Highway Traffic Act requires you to report the accident to the police if the combined damage exceeds $2,000 or if there are injuries. In addition, if you feel the other party violated a traffic code, resulting in the accident, you must report the accident regardless of damage.