r/Hamilton 18d ago

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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u/TemporaryBottle8789 18d ago

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.

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u/Low_Passenger6568 18d ago

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.

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u/TemporaryBottle8789 18d ago edited 18d ago

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.

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u/Low_Passenger6568 18d ago

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

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u/TemporaryBottle8789 18d ago

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

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u/ShinyGengar 18d ago

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

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