The company also said that the Rahmans had failed to provide “any evidence or indication” that driving through the worksite damaged their vehicle. If the plaintiffs suffered damages, which Scamurra’s statement of defence denies, the claims are excessive given the condition of the work zone and the speed limit on the residential street, the company's filing said.

Residents who believe that their property has been damaged or destroyed by city operations or contractors can file a claim through the city.

Contractors have also previously been fined due to alleged property destruction. In December, the city said it would be fining a snowplow contractor and removing an operator caught on video smashing into garbage bins in Mississauga.

City procedures stipulate that a contractor has to investigate and resolve a claim within 30 days of receiving a notice. If the claim remains unsettled, then an independent adjuster can be hired. According to the procedures, the city “will make (a) reasonable effort” to settle unresolved claims based on the adjuster’s report.

Monast said contacting their insurance company "is usually the quickest way to expedite repairs" if a resident believes that their property has been damaged by the city or contractors working for the city.

She said residents may also pursue a claim through the city and its insurers and could be compensated if Mississauga is liable for the damage.

“Where a contractor is involved and responsible for the damages, the city will assist residents in identifying the contractor and submitting a claim through the contractor,” she said.

There is a settlement hearing related to the case scheduled for Feb. 18 at the Superior Court of Justice in Brampton.

In a brief filed in court proceedings, City of Mississauga legal counsel Colin Holland said the permit issued to Scamurra protects the city from claims brought against the contractor. He also said it’s Mississauga’s position that Scamurra’s insurance should cover the city if the claims in the case are proven true.

According to the city permit issued to Scamurra on Feb. 22, 2019, work involved cutting a four-metre long and one-metre wide hole in the pavement.

In Rahman's statement of claim, it’s alleged that the family was travelling at a “normal speed” on Haig Boulevard when they “drove through an unmarked road work zone” with missing asphalt “about four feet in width, 20 feet in length and three inches deep.”

The statement said, “there were no signs or spray paint” marking the road work, but pylons were used to mark the “residential construction zone.”

"It would have been so easy for them to have just closed it off for the weekend if they couldn't fill (the pavement),” Shemma Rahman said. “It just seems really careless and it's put us in a really bad spot."

Mehdi Rahman said he’s now paid for repairs to the car that were allegedly caused by the incident and, including new tires and rims, has cost him close to $6,000. He also said his legal fees for the case are around $2,500.

Numbers from city staff show there were 203 total vehicle-related property claims filed with the city in 2018. There were 226 claims made in 2019. The numbers are mostly road surface-related claims including potholes, according to city staff, and don’t include vehicle to vehicle collusions.

STORY BEHIND THE STORY

When we learned about a court case involving a Mississauga family alleging their property was damaged by city-related operations, we wanted to find out what residents can do in similar situations.

Disclaimer: These poll results are not scientific. They are the informal findings of a survey presented to the readers of The Mississauga News and reflect the opinions of those readers who have chosen to participate. The survey is available online to anyone who is interested in taking it.