Assiniboine Park Conservancy blames contractors for flood damage: lawsuit
Statement of claim alleges conservancy continues to suffer damages following flood 2 years ago
The non-profit entity behind one of Winnipeg's premier tourist attractions is seeking financial compensation through the courts in connection with alleged deficiencies in its construction.
It's the latest of a number of legal claims now filed in the Leaf's relatively short history.
The Assiniboine Park Conservancy says a flood occurring shortly after the Leaf opened caused "extensive water damage" to its third floor, according to a statement of claim filed in Manitoba Court of King's Bench on Dec. 13.
The conservancy alleges the flood was the result of poor ventilation, heating and air conditioning work done by contractors, including Toronto-based KPMB Architects and several of its contracting partners, including the Bird Construction Group, Introba Canada LLP, Architecture49 Inc., T&D Enterprises Ltd., Crossier Kilgour & Partners Ltd. and SMS Engineering Ltd.
Since the $130-million attraction opened in November 2022 — two years later than originally planned — there have been a handful of lawsuits and counter-suits filed by the conservancy and contractors in relation to various construction elements of the building.
The original price tag of $75 million jumped dramatically during the multi-year construction of the horticultural attraction, which features four distinct biomes.
None of the defendants named in the suit has yet filed a statement of defence and the allegations made in the Dec. 13 claim have not been tested in court.
The lawsuit claims a water-based cooling coil cracked due to freezing on Dec. 24, 2022, which resulted in a pipe bursting and damage being sustained within the building.
The coil was part of the heat recovery unit on the third floor of the Leaf, and it required outdoor air to be brought inside through dampers, according to the lawsuit. The conservancy contends this failure was the result of faulty design and installation of the coil, the heat recovery unit and the dampers on the part of the defendants.
The conservancy alleges the work was shoddy and that it continues to suffer losses, damages and incur a bevy of expenses related to issue surrounding the coil, unit and dampers.
This includes covering the costs of investigating and repairing the damage on the third floor and to the overall building, fees tied to cleaning, restoration, engineering and consulting, as well as higher insurance premiums and a loss of business income, the lawsuit says.
The statement of claim does not state a specific dollar amount the conservancy is seeking.
The conservancy alleges a breach of duty, contract and negligence by the defendants, and that the flood and corresponding damages "were foreseeable" on their behalf.
In October, Alberta-based Ferguson Corp., filed a lawsuit alleging it's owed more than $440,000 by Bird and the conservancy.
Bird filed a $16.8-million lawsuit against the conservancy and the City of Winnipeg in October 2023, alleging it wasn't fully compensated nor able to do its work on the Leaf correctly.
The conservancy said it was not at liberty to comment as the matters are before the court.
