The non-profit organization behind one of Winnipeg's top tourist attractions is seeking financial compensation in court over alleged construction defects.
It's the latest in a series of legal claims filed in the Leaf's relatively short history.
According to a statement of claim filed Dec. 13 in the Manitoba Court of King's Bench, the Assiniboine Park Conservancy says a flood shortly after the Leaf opened caused “significant water damage” to the third floor.
The conservation company claims the flooding was the result of poor ventilation, heating and air conditioning work by contractors, including Toronto-based KPMB Architects and several of its contractors, including Bird Construction Group, Introba Canada LLP, Architecture49 Inc. and 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 — a handful of lawsuits and countersuits have been filed by the preservation authority and contractors regarding various structural elements of the building.
The original price tag of $75 million increased dramatically during the multi-year construction of the garden attraction, which spans four different biomes.
None of the defendants named in the lawsuit have yet filed a statement of defense and the allegations made in the Dec. 13 lawsuit have not been tested in court.
The lawsuit alleges that on December 24, 2022, a water-based cooling coil ruptured due to freezing, resulting in a ruptured pipe and damage to the building.
The coil was part of the heat recovery unit on the Leaf's third floor and required outside air to be brought inside through dampers, according to the lawsuit. The Conservancy alleges this defect was due to Defendants' faulty design and installation of the coil, heat recovery unit and dampers.
The conservation company claims the work was shoddy and continues to suffer losses, damages and a lot of costs related to issues surrounding the coil, device and dampers.
These include the costs of inspecting and repairing the damage to the third floor and the entire building, cleaning, restoration, engineering and consulting fees, as well as higher insurance premiums and lost business revenue, the lawsuit says.
The lawsuit does not mention a specific dollar amount that the Nature Conservancy is seeking.
The Conservancy accuses the defendants of breach of duty, breach of contract and negligence and claims that the flood and related damages were “foreseeable” by them.
In October, Alberta-based Ferguson Corp. filed a lawsuit alleging that Bird and the preserve owe her more than $440,000.
Bird filed a $16.8 million lawsuit against the conservancy and the City of Winnipeg in October 2023, claiming the company was neither fully compensated nor able to properly perform its work on the Leaf.
The conservancy said it was not at liberty to comment because the matter is still before the courts.