B.C. couple's pothole claim dismissed by tribunal

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The Civil Resolution Tribunal ruled the City of Victoria met its duty of care in filling the pothole the day after it was reported.

B.C.’s Civil Resolution Tribunal has dismissed a case brought by a Victoria couple against the city, alleging that their vehicle had been damaged as a result of driving over a pothole.

The city said there were no reports of the pothole in question until Dec. 27, 2022, when another member of the public complained about it. The city said Drinkwater did not have standing to bring the claim as the car is registered to Malo, so Stewart dismissed his claims. “She also says the city cannot argue it did not have notice of the pothole until after the Dec. 26, 2022 incident because the city has known for a long time that its streets are below an acceptable level, and has not taken sufficient action to remedy the situation,” said the ruling.

The city submitted a statement from its supervisor of roads and bridges to the tribunal explaining that road damage is identified either by the six to eight city crews doing such work or through notification from the public.

 

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