Most Nova Scotia claims for pothole compensation hit a dead end, data reveals

The vast majority of people seeking compensation from the Nova Scotia government for pothole damage on provincially-owned roads are still being denied, according to data from a freedom of information request with Service Nova Scotia.

In 2022, there were 935 pothole claims made with the department and only 105 of them were paid; in 2023, there were 374 claims and 64 paid (some data from 2023 could still be under investigation, the department noted).

Jade Bouthat's claim was recently denied by the province. Her vehicle was damaged by a pothole in early March of this year. That came with a $653.05 repair bill and a destroyed tire.

Bouthat had been driving along Highway 101 near Windsor, N.S., when it happened.

"The road is completely torn up in this area. There's actually pylons all along the sides of the road," Bouthat told CBC News.

"So I did my best as I was driving to swerve trying to avoid the potholes, but I was unable to swerve and avoid them as they're on both sides of the road."

As she drove over a pothole, Bouthat said she got an immediate dashboard alert indicating her tire was quickly losing air.

"I pulled over to the side of the road and got out of the car and there's a complete strip down my tire," Bouthat said, adding that it looked like it was slashed

She waited about two hours for a tow truck to show up.

Bouthat said she submitted an application for pothole damage compensation from the province right away, but was denied because the window of time the province gives itself to fix potholes once they're aware of them hadn't yet passed.

In a letter response to Bouthat, the province said the Department of Public Works (DPW) received a call about the pothole on Feb. 27, which activated the "standard of 14 days to repair this Level 1A road."

"Unfortunately, the service standard of attending to this issue at the above noted location had not yet elapsed as your date of the incident," the letter stated. 

"As such, there is no indication of any negligence on the part of DPW. While the Crown sympathizes with this personal expense and inconvenience you have suffered, on behalf of the Crown I must advise that we cannot accept your claim for compensation."

Bouthat is planning to appeal the decision.