Property Damage
The most common property claims against the County are for damage due to water and trees. Before submitting your claim, be sure to contact your insurance company.
On this page
While property insurance is not mandatory in Ontario, most banks and mortgage lenders will require insurance as it is the responsibility of the homeowner to protect their property and contents.
For all property claims, we recommend that you contact your insurer as soon as possible, as this is the quickest way to have repairs made and recover costs. If your insurer believes that the County is responsible for your damage, they will seek compensation on your behalf as defined in your insurance policy.
Water and sewer backup damage
Water can enter private property for several reasons, such as:
- Weeping tiles and downspouts connected to the sanitary sewer
- Sump pump malfunction
- Surface water flooding
- Full capacity of County sewer pipe
- Private sewer failure
For claims against the County for property damage related to flooding, an investigation will be performed to identify the root cause of the water damage. The Municipality is governed by section 449 (1) of the Municipal Act for all water and sewer claims.
Find information on the process once a claim has been submitted.
For more information on the causes of water damage and what you can do as a homeowner to help prevent flooding, see our Home Flood Prevention page.
Trees
This includes damage that allegedly occurred from a County-owned tree.
When making a claim against the County for property damage related to County trees, several factors are considered in determining the County’s responsibility. Some of these factors include:
- Whether the tree is County-owned.
- Whether there was any visible evidence of decay before the incident.
- Whether the County was aware of the condition of the tree before the incident.
- Whether the County’s inspection and maintenance activities were reasonable.
- If the tree/limb failure occurred as a result of a storm event, then the County will not be responsible for your property damage
Find information on the process once a claim has been submitted.
The fact that a County-owned tree caused the damage does not warrant automatic compensation from the County. An investigation will be undertaken including but not limited to the history of the tree.
Contractor claims
For damage that allegedly occurred in a construction zone or due to work performed by a contractor hired by the County, see our Contractor Claims page.
Contact Us
Legal Services
53 Thorburn Street South
Cayuga, Ontario
Canada, N0A 1E0
