Claiming Damages from the Town of Newmarket

Although property damage might be distressing and inconvenient, it is vital to note that the Town of Newmarket is not your insurance.

You may, however, bring a claim against the Town of Newmarket if you feel that the Town’s upkeep of Town infrastructure, roads, trees, and sewers, or operation of vehicles, caused you physical harm or property damage.

Common Claim Varieties:

1. Negligence

Newmarket has a responsibility to preserve its infrastructure. In doing so, it must exercise a reasonable level of care. If you can present proof that the Town of Newmarket performed a negligent act or omission that resulted in harm or damage, the Town may be held negligent. As with the majority of Canadian communities, the Town of Newmarket only pays when required by law. This strategy reduces the expenses borne by the taxpaying public, who eventually pay for these claims.

If you wish to file a claim against the Town of Newmarket, you must explain why you feel the Town is liable for your injury or loss and give evidence of your claim. The Town will launch an inquiry to see if it satisfied its maintenance requirements. If after evaluating your claim the Town considers it to be valid, the Town will endeavor to resolve your claim. Any compensation you get will be dependent on evidence of losses caused by the town’s carelessness. If it is judged that the municipality did not take reasonable care, your claim will be rejected.

2. Claims for Vehicle Damage

If your vehicle has experienced damage as a consequence of driving on a Town road (e.g., a pothole or painted lines), it is advised that you contact your auto insurance provider first. Your insurance carrier will contact the Town of Newmarket if necessary.

The Town of Newmarket is not liable for property damage that complies with the Municipal Act of 2001 and Ontario Regulation 239/02 Minimum Maintenance Standards. The Town is solely liable for potholes on roads maintained by Newmarket. The Regional Municipality of York maintains regional roadways such as Prospect Street, Mulock Drive, Bayview Avenue, Leslie Street, Yonge Street, and Davis Drive. If you suspect your car was damaged by a pothole on a Regional road, visit the webpage for York Region.

The Town routinely checks road conditions. Send an email to [email protected] with a photo (if feasible) and the location of a pothole on a Newmarket-maintained road. You may also report a pothole by downloading the Recycle Coach app from the Apple or Google Play app stores.

It is suggested that you contact your motor insurance provider before proceeding. Your insurance carrier will contact the Town of Newmarket if necessary.

3. Claims for Flood or Sewer Backup

The Town of Newmarket is not liable for floods and sewer backups that comply with its water and sewage delivery system’s installation and maintenance regulations. In addition, the Town is not responsible for floods and sewer backups that occur on the private side of your property. Watermain ruptures and sewage backups can occur for several causes. For instance, the weather can have a substantial effect. The cycle of freezing and thawing caused by colder and warmer temperatures can produce external strain on watermains. These forces frequently result in watermain fractures and leakage. Before making a claim with the Town of Newmarket for flooding or sewage backups, please check our sewer blockage page for advice on what to do if you suspect a sewer blockage on your property.

If you feel that the flooding and sewer obstruction started on Town property, please call your homeowner’s insurance company immediately. Your insurance carrier will contact the Town of Newmarket if necessary.

4. Fallen Trees & Branches

The Town of Newmarket monitors and maintains its tree canopy on a regular basis to guarantee that trees do not pose any danger to the public.

If you suspect your property has been damaged by a tree owned by the Town, you should first contact your homeowner’s insurance carrier. If needed, your insurance company will contact the Town of Newmarket for further action. A comprehensive inquiry is necessary to assess the Town’s liability. The Town will investigate if it was aware of the tree’s condition previous to the occurrence and whether there are evident signs of deterioration on the tree. If your property is injured by a tree or branch during severe weather, the Town of Newmarket is not liable unless the Town is aware of visible degradation and has taken no action.

If you are worried about the condition of a tree owned by the Town, please contact the Town at [email protected] or 905-895-5171.

How to submit a claim

Before filing a claim against the Town, please consider the entirety of this website and contact your own insurance provider. Your vehicle or property insurers may be able to give you with more extensive coverage than the Town is able to supply. If needed, your insurance carrier will contact the Town on your behalf.

In some circumstances, you must notify the Town as soon as possible or within 10 business days of the incidence. Discuss this need with your insurance provider to decide if they will send the notification on your behalf.

If you intend to submit a claim with the Town, you must first download the form, fill it out, and send it to [email protected] along with any supporting paperwork (i.e., pictures, videos, invoices or estimates). The Town must obtain evidence prior to initiating an inquiry.

Any taxpayers are impacted by fraudulent claims, and the Town will defend and pursue all false claims to the maximum extent of the law.