Please ensure Javascript is enabled for purposes of website accessibility Property Damage - Haldimand County

Property Damage

In Ontario, property insurance is not mandatory, however, most banks and mortgage lenders will require insurance. A home may be your largest investment and protecting it and your contents is important and the responsibility of the homeowner.

If submitting a claim to Haldimand County, please note the following:

  1. Haldimand County must investigate the incident and determine if the County is legally liable.
  2. If your insurer believes that the County is responsible for your damage, they will seek compensation on your behalf as stipulated in your insurance policy.

Please see the guides below regarding specific types of damages, including the legislation used to determine liability.

For claims against the County for property damage related to flooding, the Municipality is governed by section 449 (1) of the Municipal Act.

Liability in nuisance re: water and sewage

449 (1) No proceeding based on nuisance, in connection with the escape of water or sewage from sewage works or water works, shall be commenced against,

(a) a municipality or local board;

(b) a member of a municipal council or of a local board; or

(c) an officer, employee or agent of a municipality or local board.  2001, c. 25, s. 449 (1).

We recommend that you contact your own insurer as soon as possible, as this is the quickest way to have repairs made and recover costs incurred. If your insurer believes that the County is responsible for your damage, they will seek compensation on your behalf as stipulated in your insurance policy.

If you have read the above information and still wish to pursue a claim against the County, please use the button below.

For information on the process once a claim has been submitted see: Process once a claim has been submitted.

When making a claim against the County for property damage related to County trees, there are several factors that are considered in determining the County’s responsibility. Some of these factors include:

  • A determination that the tree is County-owned.
  • Whether there was any visible evidence of decay prior to the incident
  • Whether the County was aware of the condition of the tree prior to 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.

The fact that a County 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.

We recommend that you contact your own insurance company as soon as possible, as this is the quickest way to have repairs made and recover costs incurred. If your insurer believes that the County is responsible for your damage, they will seek compensation on your behalf as stipulated in your insurance policy.

If you have read the above information and still wish to pursue a claim against the County, please use the button below.

For information on the process once a claim has been submitted see: Process once a claim has been submitted.