The city of Vancouver wins head-to-head against motorists

The city did not know it was there, so how could they fix it?

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On a wet evening last fall while driving on a road in Vancouver, Ray Janne Calinisan’s 2015 Audi S4 hit a hole in a road that had sewer Christians repaired. Like most urban sprawl, BC’s largest city has its fair share of dents and potholes along the asphalt, but this particular gap combined with dark and slippery conditions was worse than average.

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IN legal documents, Calinisan says that Audi was immediately affected by the force when it hit the hole and incurred $ 4,999 in damages, which included towing and insurance fees as well as the costs he incurred in being unable to use his vehicle while it was being repaired. .

However, the city says it did not know there were any gaps. And since it did not know about it, how on earth could it fix something it did not know existed?

It’s a frustrating response for the motorist, but one that was kept in court.

“[The City of] Vancouver says it did not receive any notice of a lane error at this location prior to the incident, “said Tribunal member Richard McAndrew wrote. “Since Calinisan does not dispute these suggestions, I accept them as correct.”

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Pedre Contractors, an independent contractor, had been hired by the city to complete the repair work, and as such, a third-party claim was issued against them. Pedre accepted that it would pay compensation to the city if the court was for Calinisan’s claim, but it never came to that.

This is not the first time this has happened. In 2018, a cyclist who suffered injuries after driving through a hole took the town of Langley to court and also lost. The Board referred to this case during Calinisan’s hearing for its similarities.

The moral of the story: If you are planning to sue a city for damage caused by a hole, make sure you know what you are up against.

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