Pothole Season in Ontario: How and When to File a Damage Claim

Julie Anne L.
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Spring signals the return of pothole season in Ontario — and for many drivers, that means expensive vehicle repairs. From bent rims to damaged suspensions, the cost of hitting a pothole can range from $500 to over $2,000, according to the Canadian Automobile Association (CAA).

Photo via Marc Doucette/CBC

But here’s the good news: you may be eligible for compensation — if you act fast and meet certain conditions.

Why Potholes Are So Common in Spring

Potholes form when water seeps into cracks in the asphalt and freezes. As temperatures rise and fall, that trapped water expands and contracts, causing the pavement to break apart. The freeze-thaw cycle during Ontario’s winter and early spring makes conditions ideal for pothole formation.

Toronto alone has repaired nearly 80,000 potholes this season as of March 25.

Can You File a Damage Claim?

Yes — but only under specific conditions. The Ministry of Transportation of Ontario (MTO) allows drivers to submit a pothole damage claim if:

  • The incident happened on a provincially maintained roadway
  • The province failed to maintain the road to a reasonable standard
  • The claim is submitted within 10 days of the incident

If your incident happened on a municipal or regional road, you’ll need to check with that specific jurisdiction for their claim process.

What Roads Count?

  • Provincial highways (e.g., 400-series) = Province’s responsibility
  • City streets = Local municipality
  • County/regional roads = County or regional government

Confirm who maintains the road before submitting your claim.

How to File a Damage Claim in Ontario

  1. Complete the MTO damage claim form (available as a PDF online)
  2. Submit it within 10 days of the incident
  3. Wait for the MTO to review (this usually takes 2–4 months)
  4. Optional: Report the damage to your insurance provider, who may repair the vehicle and seek reimbursement from the province

Note: If your claim is approved, the amount may be adjusted for depreciation or betterment. That means you might only receive a percentage of the replacement cost.

Time Limits and Next Steps

  • File your initial claim within 10 days
  • Any legal action must begin within two years of the incident

Submitting a claim doesn’t guarantee compensation, but it’s worth trying — especially if the damage is significant.

Pothole damage can hit hard, but knowing your rights could save you hundreds. If your car was damaged on a provincially maintained road, don’t delay. Gather your documentation, confirm jurisdiction, and submit a claim promptly.

Stay cautious this pothole season — and keep your repair receipts handy.

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Hey, it's Julie! Fueled by coffee and cuddles from my 5 feline overlords, I'm on a perpetual quest for the perfect plate. When I'm not exploring new restos, you'll find me curled up with a good book or planning my next adventure.

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