(file photo/battlefordsNOW Staff)

By Tyler Marr

POTHOLE PATROL

Citing legislation, town denies compensation request for pothole damage

Apr 17, 2019 | 11:21 AM

Betty Nelson was driving home along Riverbend Cres. in Battleford. She was driving slow as she approached her driveway when she hit a pothole.

She claims there was no evidence to show the extent of the pothole as it was full of water.

“It was not until my front tire went into the pothole that I realized how large it was,” she wrote in a letter to Town CAO John Enns-Wind, noting her car was damaged because of this.

Nelson took her vehicle to be inspected and it required $824 in repairs.

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“I would appreciate it if you could review the attached invoice for the cost incurred by me to repair my vehicle,” she wrote. “I am hopeful I can be compensated for some or all of these expenses.”

Last fall, the town undertook substantial work on a chunk of road in front of 202 Riverbend Cres. and the area was left gravelled for the winter. Leaving a road in this condition is a common practice, Enns-Wind told town councillors at their meeting Monday.

He said public works received an anonymous complaint on March 20 at 3:30 p.m. that the patch of gravelled road had become rough. By March 21 at 4 p.m., the department staff repaired the area.

Enns-Wind said he met with Nelson to discuss the damage to her car and presented her with Section 340 of the Municipalities Act which says a municipality is “not liable in an action based on nuisance … for any loss or damage arising, directly or indirectly, from any public works, including streets.”

He told Nelson he would be suggesting lawmakers deny her request based on the legislation. No date was provided by Nelson on when she struck the pothole.

Coun. Shelley Boutin-Gervais called the incident unfortunate but worried it could set a bad precedent.

“If you drive down the highway and you hit a pothole, I don’t think the department of highways pays for your car flipping over,” she said. “It is a tough one. You hate to see that but there could potentially be a few potholes this time of year and it could be a bit of a runaway [if we compensate her].”

Mayor Ames Leslie agreed, saying it is no different if a town-owned tree falls on your garage — which happened to him five years ago.

“It is your insurance that is going to pay for it. It is one of those unfortunate things that happen,” he said. “Things happen.”

Standing by the legislation, council denied Nelson’s request for compensation.

After the meeting, Leslie understood why councillors struggled with the decision saying they are all human and feel for Nelson. But he said once you approve one, where does the town stop.

“It is unfortunate it happened and we feel sorry for Mrs. Nelson but we cannot start precedence of approving every single one who hits [a pothole],” he said. “That is why policies and procedures are put in place. It is to make council’s decision easy in the emotional and personal aspects of their job where they say there is a policy that prevents us from approving this. I am sorry it happened but we need to abide by our policy.”

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tyler.marr@jpbg.ca

On Twitter: @JournoMarr