If you choose to make a claim against the Town of Ajax for pothole damages please note that the Town will not be responsible for your vehicle damage if it has met the Provincial “Minimum Maintenance Standards for Municipal Highways (MMS). Ontario Regulation 366/18 made under the Municipal Act, 2001.  The MMS sets the standards for road maintenance including inspections, pothole repair, clearing snow and salting which vary, depending on the speed limit and traffic volume on a particular roadway.

If your vehicle has been damaged due to a pothole:

• Do not continue to drive your vehicle if it is not operating properly.

• Take your vehicle to a licensed motor vehicle mechanic.

• Contact your insurance company for help.

• Contact the Town of Ajax through Contact Us to report the pothole.  Please provide the exact location so we can repair it as soon as possible. 

If you think the Town of Ajax is responsible for your vehicle damage, you may submit a claim by following the process outlined under How to Submit a Claim to the Town.

In the case of fallen trees and branches it is best to contact your insurance company for assistance.

The fact that a Town tree caused damage to your property does not warrant automatic compensation from the Town.  An investigation will be completed and will review the history of the tree to consider all factors.  If the tree or branch fell as a result of a storm event, the Town will not be responsible for your property damage. 

If you think the Town of Ajax is responsible for your property damage, you may submit a claim by following the process outlined under How to Submit a Claim to the Town.

The Town of Ajax frequently enters into contracts with independent companies (contractors) who perform work on the Town’s behalf.  The Town’s agreements with contractors contain a strict requirement that the contractor respond directly to claims for any damage or injury to members of the public that they may be held responsible for.

If you think a contractor working on behalf of the Town of Ajax is responsible for your injury or property damage, you may submit a claim by following the process outlined under How to Submit a Claim to the Town. Once the Town confirms that a contractor had control over the location at the time of your loss, your claim will be forwarded to the contractor.  The contractor will be expected to acknowledge receipt of your claim and identify a contact person who will be responsible for investigating your claim. 

The contractor will conduct an investigation and make a decision regarding your claim.  If the contractor determines that they were responsible for your loss, they will resolve your claim with you directly. 

If the contractor determines their work met reasonable and appropriate construction standards, they may deny your claim.  In this case, their communication to you will provide the results of their investigation and clearly explain their decision.  Should you disagree with the contractor’s decision and wish to pursue your claim further, you have the option to proceed with legal action.

Making a claim against a municipality

If you believe that the Town of Ajax has been negligent in its maintenance of municipal facilities, roads, sidewalks, storm sewers, or parks, which has caused you injury or damage to your property, you can file a notice of claim against the Town of Ajax.

What to consider when making a claim

We recommend you consult your insurance company or insurance representative first, for advice on how to deal with your injury or damage. Your insurance coverage may be more extensive than what you can recover from the municipality.

If your insurer believes the Town of Ajax is responsible for your damages, they may seek compensation against the Town of Ajax on your behalf.

The Town of Ajax only provides consideration of your claim if it is legally responsible for your damage.

Limitations and timelines

There may be limitation periods and other procedural timelines that apply to your claim. You should consult your own legal counsel or insurer as required.

Notice of understanding

The use of profanity, abuse, threats, or bullying may result in the examiner, independent adjuster or municipal staff assigned to the claim being unable to provide any further contact, support, or consideration of your claim.

To make a claim against the Town of Ajax for injury or damages you must complete the online Municipal Claim Form. 

Please Click Here:  https://clearrisk.tfaforms.net/212?tfa_2202=tfa_2206