Legal Question in Traffic Law in Canada

Good morning, we are going through from legal issue because my boyfriend hit a light post. The pole they put up is not at all the same as what thehad before since the new pole is metal and a lot fancier than the wooden post it used to be, road conditions were bad at the time and it wa early morning, and black ice was definitly a factor in the collision. They are claiming he must pay $8000, they are charging him for overtime. Original paperwork to Diagsnose the pole is not complte and detailed and does not have worker ID number, it also said it took 4 hours to complete.... please let me know if there are any other factors we can consider to get the amount that they are claiming down to a reasonable amount.

Asked on 5/07/13, 5:40 am

1 Answer from Attorneys

Kenneth Golish Golish, Kenneth W.

If the parties cannot come to an agreement on a fair amount for damages, the local utility may have to sue him in small claims court where a judge will determine a fair amount, not simply what the utility demands. Arguably, he may be entitled to a reduction if it can be shown that the pole would eventually have to be replaced. You might want to ask the utility what programs they currently have for replacing poles.

I assume he was driving without insurance, as the car insurer would otherwise have to pay the damages.

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Answered on 5/07/13, 11:16 am


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