April 28, 2026 - Bergeron Clifford LLP

Over the past decade, residents of Ottawa, Eastern Ontario and communities along the Ottawa River have watched the Ottawa River flood more often than ever before.

As spring arrives in Ottawa Ontario, the melting snow and increased rain leads to rising water levels.

Rising water levels challenge our infrastructure, including our roadways. As I write this blog, there are many roadways across Ottawa and Eastern Ontario which are currently flooded, washed out, or otherwise impassable. Some roads have been closed off to all but local traffic, while other roads are closed off entirely.

On open roads, these conditions can be dangerous and lead to car accidents and serious injuries.

Can The Municipality of Ottawa be Held Responsible for Spring Flood-Related Car Accidents?

Municipalities cannot stop the rain from falling or prevent rivers from rising. However, municipalities do have a legal duty to maintain their roads. If a failure in that duty causes an accident and someone is injured, the municipality may be liable for the resulting damages.

Municipal Duty to Maintain Roads for Ottawa Spring Floods

In Ontario, municipalities, like Ottawa, have statutory duty to keep their highways and bridges in a reasonable state of repair. This duty is outlined in s. 44 of the Municipal Act, 2001, and in its associated regulation, O. Reg. 239/02: MINIMUM MAINTENANCE STANDARDS .

When Pooling Water Constitutes a Hazard

The presence of pooling water on a road may mean the road is in a “state of non-repair”. This makes the municipality potentially liable for accidents. That said, not all instances of pooling water automatically lead to municipal liability.

Courts will consider things like:

Known or Foreseeable Risks

If pooling water or flooding is a recurring issue due to improper design, inadequate drainage, or a known propensity for certain conditions, a municipality may be found liable.

Failure to Maintain Drainage

Direct flooding caused by a municipality’s failure to maintain drainage infrastructure can also lead to liability.

Altered Drainage Patterns

Changes to drainage patterns that lead to flooding and road impassability can also result in municipal liability.

Proving Municipal Liability After a Flooded Road Car Accident in Ottawa

Municipalities have significant legal protections available to them under the Municipal Act. A municipality is not liable for failing to keep a highway in a reasonable state of repair if:

(a) it did not know and could not reasonably have been expected to have known about the state of repair of the highway or bridge;

(b) it took reasonable steps to prevent the default from arising; or

The 10-Day Notice Requirement: Act Immediately After an Ottawa Accident

Injury victims must also personally serve the responsible municipality with written notice letter, or send it by registered mail. This must be done within 10 days of the accident, or the injured person may lose the ability to sue entirely.

That’s why it’s important to act quickly in cases where a municipality could be liable.

If you’ve been injured because of a car accident on a flooded or washed-out road in Ottawa or Eastern Ontario, call us today for a free consultation.