The citizen who won a David vs. Goliath battle against the Department of Transportation can finally claim victory. Quebec changes its mind and finally pays the roughly $500 due to Lavalloise.
Posted at 8:00 am
“I find it frustrating. I had to go through the media and it was after media pressure that they dropped the ball,” says Brittany Ménard, who is still happy to finally have her case.
La Presse told the story of Ms Ménard on March 13. The young woman was driving her same-day car near Highway 15 a year ago when she hit a pothole, resulting in a flat tire.
Furious when her new car was damaged, she sent a claim to the Department of Transportation, which refused to pay. The department claimed that “road surface deterioration is a normal phenomenon in winter and can only occur when weather conditions permit.”
Quebec also invoked the famous Section 30 of the Roads Act, which provides that it is not responsible “for damage caused by the condition of the road surface to a motor vehicle’s tires or suspension system.”
Reported five times
Brittany Ménard has decided to take her case to minor claims. She was able to show that the pothole had been reported to the Ministry five times in the month before her accident.
On February 14, the Quebec court gave him his case. Judge Chantale Massé found that the Department of Transport had committed “gross negligence”. She ordered the department to reimburse Ms. Ménard’s tire repair costs of $449.55 and her $108 attorney fees.
Except that the ministry immediately filed a motion to overturn the verdict. The MTQ therefore called for a new trial, leaving Ms Ménard, who was representing herself, with fears of an extension of the trial.
However, on the day the La Presse article was published, when Ms Ménard was giving interviews on radio and television, the department announced that she would pay.
“All for $500”
“The Department will not ask for the judgment to be set aside as the principle of proportionality is taken into account, meaning that the amount of damages does not justify the prolongation of the procedure,” said Transport Department spokesman Gilles Payer.
“However, it should be noted that the Ministry has appealed to have the judgment set aside in order to meet deadlines and to protect its rights,” added the spokesman.
Brittany Ménard hopes her mishap will encourage other motorists to file pothole claims with the ministry.
“I find it shallow that it took all of that to make things happen. Basically, they didn’t appear in court, then they question the judge’s decision. All for $500. I find it frustrating,” she said.
However, she is happy to finally get her claim. “I haven’t received the check yet, but it seems to be in the mail!” »