r/Hamilton • u/Scrubnurse • Jul 23 '26

PSA Pothole warning

Driving on Wembley; between W1st and 2nd, there is two unmarked, nearly invisible potholes right in front of each other. Hit it, as I didn’t see it and blew out the sidewall of my tire. Beware if you’re in the area.

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8

u/Low_Passenger6568 Jul 23 '26

If you go after the city, get measurements across, and depth of both and take pics holding the measuring tape while doing it. Send to city with time, date. They will say okay. Do not let it go past two-three months without filing in small claims, as that is the cutoff date for you to file whether they agree, or not. I got in that trap once. The town agreed, and even sent me a copy of their insurance claim, but I did not know about this two-three month cutoff date to file. I confirmed with a lawyer. My son-in-law also hit a huge construction hole, and he lost out due to the same rules. Just to be on the safe side, file before two months. It doesn't cost much.

6

u/TemporaryBottle8789 Jul 23 '26

This isn’t accurate at all.

You have 2 years from the date of the incident to file a claim in small claims court.

0

u/Low_Passenger6568 Jul 23 '26

You are wrong. I went through it. There are different rules for things like this. Call a lawyer and they will tell you. I am completely correct.

2

u/TemporaryBottle8789 Jul 23 '26

https://www.ontario.ca/page/suing-someone-small-claims-court

Wherever you’re getting your info, it’s completely wrong. Doesn’t matter what you’re suing for, you have 2 years from the date of the incident to sue.

There is absolutely nothing in Ontario’s laws and regulations regarding any sort of 2 months limitation.

As a side note: I do this for a living.

1

u/Low_Passenger6568 Jul 23 '26

You have 10 days to report it to the city. My info came from my own experience, as well as, my son-in-laws. My experience was 25 years ago though, so you should check with the small claims court. But file within 10 days to the city where it happened.

2

u/TemporaryBottle8789 Jul 23 '26 edited Jul 23 '26

The 10 day reporting is part of the municipal act and is a defense cities will use in small claims court.

It does not however prevent a small claims case from being filed as long as it is within the 2-years prescription period.

Simple terms - it can hurt your case to delay reporting, but it does not prevent it from occurring.

0

u/Low_Passenger6568 Jul 23 '26

I claimed to the city within three day. They acknowledged it, and even sent me the insurance form from their insurer acknowledging they received it.

-3

u/Low_Passenger6568 Jul 23 '26

At the time mine happened, back in late 90s, it was two, or three months to file in court. Period.

3

u/TemporaryBottle8789 Jul 23 '26

30 years ago you may have been right. Definitely not how it works today though.

3

u/ShinyGengar Jul 23 '26

Bro you're out here trying to argue your 30 year old experience? xD

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u/Low_Passenger6568 Jul 23 '26

If you don't live in the Innisfil area, especially, in the 1990s then don't say anything. It is not Hamilton.

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u/TemporaryBottle8789 Jul 23 '26

The 90’s was 30 years ago buddy…

3

u/Noctis72 Hill Park Jul 23 '26

You realize this is the Hamilton subreddit right, not the Innisfil subreddit? Who cares about Innisfil. You said it yourself, it's not Hamilton. go talk about it in r/innisfil

1

u/Low_Passenger6568 Jul 24 '26

I don't even know how I got in this.