A Crown corporation is suing several businesses, including contractors, architects, engineers, building inspectors and fire-protection suppliers, after a multi-unit complex in Winnipeg’s Brooklands neighbourhood sustained “significant” water damage in 2022.
Manitoba Housing filed a statement of claim with the province’s Court of King’s Bench last month alleging negligence and contract breaches by eight businesses, which the suit says individually and jointly contributed to a burst pipe and subsequent flooding at a seniors’ complex on Oddy Street on Oct. 18, 2022.
The Crown corporation had to immediately evacuate the seniors complex because the damage led to the building being deemed unfit for occupancy, according to the suit.
Shandron Mechanical, one of the companies named as a defendant, installed a section of the dry pipe sprinkler system in the building’s attic without the proper support contrary to the Fire Protection Association’s guidelines, resulting in the section having a negative slope that created a low point in the system, the suit claims.
The system operates on air pressure and when air pressure is affected by the activation of a sprinkler head, water floods into the system and operates the heads.
Manitoba Housing had an agreement with Integrity Fire, another defendant, to inspect the sprinkler system annually. On Sept. 13, an inspection was conducted, which included a pressure test of the system.
Following the test, the suit says, “gravity should cause the water in the sprinkler system to drain at multiple points throughout the system.”
Due to improper installation of the pipe, the water didn’t drain properly following the 2022 test and sat in the pipe, according to the statement of claim.
Water froze in pipe
Overnight temperatures from Oct. 16-17 were approximately –7 C, causing the standing water in the sprinkler system to freeze and increase pressure within the pipe.
The sprinkler system was activated on Oct. 18 due to the pressure from the freezing water, caused considerable “property damage to a number of units and other areas throughout the building,” the suit says.
The evacuation of the building’s tenants forced the Crown corporation to stop accepting rental payments from the building’s tenants due to lease agreements.
Manitoba Housing alleges that Integrity Fire breached its duty of care by “failing to properly inspect the system and take … any reasonable steps to ensure the sprinkler system was drained following their test.”
It also claims Shandron Mechanical breached its duty of care by installing the dry line sprinkler system without defects and in accordance with building codes and laws.
The other six businesses named in the suit breached their duty of care “by failing to exercise the care of a reasonable contractor, architect and engineer in their construction, development and design of the building,” according to the lawsuit.
These failures caused or contributed to the Crown corporation’s loss, the suit says.
In the suit Manitoba Housing says it made every effort to stop the source of the leak, remove and clean up the water to mitigate damages and restore the property as quickly as possible.
The Crown corporation is seeking damages from the defendants to cover:
- Expenses incurred to remedy the damage and restore the property.
- Repair of the sprinkler system so it meets the necessary requirements.
- On-site security.
- Cost of hiring additional outside subcontractors.
- Loss of rental income and other losses and damages.
The allegations in the lawsuit haven’t been tested in court.
Neither Manitoba Housing nor the defendants have offered to comment on the case.