The Waterford of Erlton

Known Issues (news/court)

[lawsuit_or_court - fire / insurance claim] After a subcontractor allegedly caused a fire during construction of stage D that destroyed stage C and damaged stages A and B of a multi-phase condominium development, the insurer who paid out over $25,000,000 under the all-risk policies sued the developer (also an insured co-owner/manager of common property) to recover the payout; the Court of Appeal held an insurer cannot subrogate against its own insured under the same policy, allowed the appeal, and dismissed the action. (2007-06-28); [lawsuit_or_court - fire / insurance claim] Following a 2002 fire in the Erlton District that destroyed a unit under construction and damaged neighbouring buildings, several condominium corporations and unit owners sued Statesman Corporation, various waterproofing contractors, and the City of Calgary for over $21.7 million in damages; the trial court found the fire negligence defendants (Swan, Sziva/Cactus, and the Advanced Group) and Statesman liable, but dismissed the claim against the City, and in this 2010-07-26 costs ruling the court enhanced certain Schedule C tariff items, applied multipliers for complexity, doubled items under Rule 169/174 due to the City's Offer of Judgment, awarded the City costs against the plaintiffs, granted the plaintiffs a Bullock order against Statesman, and apportioned fire-negligence costs among the remaining defendants. (2010-07-26); [lawsuit_or_court - fire / insurance claim] Following a trial finding Statesman and subcontractors (Advanced Group, Cactus, Sziva, Swan) liable for a fire caused by negligent torch-on waterproofing work at the condominium complex, the court ruled on costs: Advanced Group and Cactus/Sziva/Swan must each bear their own costs with no right of indemnity from the other, because Advanced Group had retained Cactus without notice and contrary to its contract with Statesman; the plaintiffs' fire-negligence costs were apportioned 50/50 between Advanced Group and the Cactus/Sziva/Swan group, with no costs awarded against Swan personally in favour of Cactus and Sziva. Decided July 29, 2010. (2010-07-29); [lawsuit_or_court - fire / insurance claim] Following a May 30, 2002 fire in Calgary's Erlton District caused by a subcontractor's negligent torch-on waterproofing, condo corporations and owners sued Statesman, its subcontractors, and the City; costs of about $1.7 million were awarded against Statesman. The court granted Statesman leave to appeal two costs issues: whether a Bullock order could pass on the City's doubled costs (from its Rule 169 offer of judgment), and whether denying Statesman indemnity costs (~$326,000) for post-January 12, 2009 proceedings was proper. (2011-07-27); [lawsuit_or_court - fire / insurance claim] Following a 2009 trial finding Statesman Corporation and others liable for a May 30, 2002 fire that destroyed/damaged condominium units in Calgary's Erlton District, the Court of Appeal upheld the trial judge's 2010 costs decision requiring Statesman to pay the plaintiffs' double costs owed to the City of Calgary (via a Bullock order) and denying Statesman its own trial costs incurred after the trial's commencement on January 12, 2009; the appeal was dismissed. (2012-09-20); [lawsuit_or_court - fire / insurance claim] Condominium corporations and owners near Calgary's Erlton District sued multiple defendants including the City of Calgary for a May 30, 2002 fire that destroyed a building under construction and damaged neighbouring condominium buildings, claiming $25,325,853.58 in total damages and alleging the City negligently approved a deficient building design; the City applied to dismiss the claims against it under Rule 260, arguing it acted in good faith, but the court found some evidence of bad faith and a causal link to the losses, so it denied the application. (2009-03-09); [lawsuit_or_court - fire / insurance claim] In litigation arising from the 2002 'Erlton fire' that destroyed and damaged buildings in the Waterford condominium complex in southwest Calgary, the City of Calgary sought to amend its defence and add a late third party claim against a condominium corporation seeking contribution/indemnity; the court allowed the unopposed defence amendment but refused to allow the City to issue the third party notice more than three years late, finding the delay unexplained and prejudicial despite the claims not being strictly statute-barred. (2008-08-12); [lawsuit_or_court - fire / insurance claim] Following a massive fire on May 30, 2002 in Calgary's Erlton District that destroyed or damaged several Waterford, River Run and River Grande condominium buildings, condo corporations and individual owners sued the developer/general contractor Statesman, waterproofing contractors, and the City of Calgary for a total agreed claim of $21,721,976.07 (plus $1,156,638.65 to individual owners); the court found the waterproofer negligently caused the fire while performing inherently dangerous torch-on waterproofing near a combustible wood-frame wall, making his employer vicariously liable and imposing non-delegable liability on Statesman and the Advanced Group, while the City, though owing a duty of care, had not acted in bad faith and had not caused the loss. (2009-08-24); [lawsuit_or_court - fire / insurance claim] After a 2002 fire destroyed Waterford C and damaged Waterford A and B during construction, insurers sought to recover $25,325,853.58 from developer Statesman via subrogation. The court held the policies' waiver of subrogation applied only to Statesman's capacity as a unit owner, not its construction activities, so the claim against Statesman could proceed. (2006-12-07)