While damage to your property can be upsetting and disruptive, it is important to know that the Town of Newmarket is not your insurer.
However, if you believe that the Town has been negligent in its maintenance of Town facilities, roads, trees and sewers, or operation of vehicles which has caused bodily injury or damage to your property, you can file a claim against the Town of Newmarket.
1. NegligenceThe Town of Newmarket has an obligation to maintain its infrastructure. In doing so, it must exercise a reasonable standard of care. The Town of Newmarket may be found negligent if you can provide evidence that the Town committed a negligent act or omission which resulted in injury or damage. Like most Canadian municipalities, the Town of Newmarket only compensates when it is legally liable to do so. This approach helps to reduce the costs for the taxpaying public who ultimately bear the cost of these claims.
If you choose to submit a claim against the Town of Newmarket, it is important to outline why you believe the Town is responsible for your accident or loss and provide proof of your claim. The Town will conduct an investigation to determine if it met its maintenance obligations. If after investigating your claim the Town finds it to be legitimate, the Town will attempt to resolve your claim. Any compensation paid to you will be based of proof of damages that resulted from the Towns negligence. If it is determined the Town did exercise a reasonable standard of care, your claim will be denied.
2. Vehicle Damage Claims If your vehicle has sustained damage as a result of driving on a Town road (e.g., pot hole or line painting), it is recommended that you contact your automobile insurance company first. If required, your insurance company will contact the Town of Newmarket.
The Town of Newmarket is not responsible for property damage that meets the requirements in the
Minimum Maintenance Standards found in the Municipal Act 2001 and Ontario Regulations 239/02. The Town is only responsible for pot holes on Newmarket-maintained roads. Regional roads such as Prospect Street, Mulock Drive, Bayview Avenue, Leslie Street, Yonge Street and Davis Drive are maintained by the Regional Municipality of York. If you believe your vehicle sustained damage from a pot hole on a Regional road, visit
York Region's website.
The Town monitors road conditions regularly. To report a pot hole on a Newmarket-maintained road, email
[email protected] with a photo (if possible) and the location of the pothole. You can also report a pot hole using the
Recycle Coach App, available for download in the Apple or Android App Store.
It is recommended that you contact your automobile insurance company first. If required, your insurance company will contact the Town of Newmarket.
3. Flood or Sewer Backup ClaimsThe Town of Newmarket is not responsible for flooding and sewer back-ups that meet the installation and maintenance standards for its water and sewage delivery system. In addition, flooding and sewer back-ups that occur on the private side of your property is not the responsibility of the Town. Watermain breaks or sewer back-ups can occur due to many reasons. For example, the weather can have a significant impact. The freeze and thaw cycle due to colder and milder temperatures can cause external pressure on the watermains. These pressures often cause leaks and watermain breaks. Before you consider filing a claim to the Town of Newmarket regarding flooding or sewer back-ups, view our
sewer blockage webpage for more information on what to do when you suspect a sewer blockage on your property.
If you suspect that the flooding and sewer blockage originated on Town property, homeowners are asked to contact their property insurance provider first. If required, your insurance company will contact the Town of Newmarket.
4. Fallen Trees & BranchesThe Town of Newmarket regularly monitors its tree canopy and performs the necessary maintenance work to ensure trees do not pose risks to the public.
If you believe your property has been damaged by a Town-owned tree, contact your property insurance provider first. If required, your insurance provider will contact the Town of Newmarket for further action. A thorough investigation is required in order to determine the Town's responsibility. The Town will look at visible evidence of the tree decaying prior to the incident and whether the Town was aware of the condition of the tree. If your property is damaged by a tree or branch during inclement weather, the Town of Newmarket will not be held responsible, unless there is visual evidence of decay known to the Town and no action had yet been taken by the Town.
If you are concerned about the health of a Town-owned tree contact the Town at
[email protected] or 905-895-5193.
How to file a claimBefore you file a claim against the Town, ensure that you have reviewed the full contents of this webpage and that you have contacted your personal insurance company first. Your auto or property insurance providers may be able to provide more extensive coverage than what you may be able to recover from the Town. If required, your insurance company will contact the Town on your behalf.
In some situations, you are required to place the Town on notice as soon as possible or within 10 business days of the incident. Discuss this requirement with your personal insurance company to determine if they will provide the notice on your behalf.
If you wish to file a claim with the Town, first download the form to your computer, complete it and send to [email protected] with any supporting documentation (i.e., pictures, videos, invoices or estimates). Evidence must be received by the Town before an investigation can be launched.
Fraudulent claims cost all taxpayers, and the Town will defend and prosecute all fraudulent claims to the full extent of the law.
