The District of West Vancouver won’t be on the hook for almost $2,000 in damages to a driver’s vehicle caused by, allegedly, shoddy roadwork.
Raymond Wong took the municipality and the Municipal Insurance Association of B.C. to the Civil Resolution Tribunal after a June 2023 incident in which he hit a bump in the road.
Wong had been driving on a West Vancouver road (which one is not specified) when he came upon a section that had recently been repaved after waterline work, according to the July 17 decision.
Wong alleged that the repaired section of the road was not filled to the previous level, so there was a one-inch depression leading straight into a speed bump. Because of the uneven road surface, Wong’s front bumper hit the speed bump, resulting in a repair bill of $1,821, the decision states.
He alerted the municipality and the one-inch gap was filled a few days later.
Tribunal member Peter Mennie quickly dismissed Wong’s claim against the Municipal Insurance Association, finding the organization never owed him a duty of care.
As for whether the district had been negligent, Wong did not provide any evidence of municipal staff acting unreasonably.
“On the evidence I have, West Vancouver followed its road maintenance policy by repairing the road promptly after Mr. Wong reported it as a hazard,” Mennie wrote.
Even if West Vancouver had been negligent, Wong still bore responsibility for the damage because he was clearly driving too fast for the road conditions, which is itself a violation of the Motor Vehicle Act, Mennie reasoned
“I find that the potential for hazards on this road would have been obvious to a reasonably prudent driver. There were pylons and signs indicating ongoing construction along the road. The depression in the repaired section of the road was a different-coloured concrete that was clearly visible and avoidable,” he wrote, dismissing the claim. “I find it obvious that Mr. Wong’s vehicle would not have suffered any damage if Mr. Wong had driven slower and with more caution when approaching the speed bump.”
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