The legal saga surrounding a damaged concrete apron at Whitehorse airport continued to unfold last week as the Yukon Court of Appeal heard appeals over the liability and damages decisions in the case.
The dispute dates to 2014 when Norcope Enterprises Ltd. was awarded a multi-million-dollar contract to replace the concrete apron at Erik Nielsen Whitehorse International Airport.
The newly laid concrete panels started cracking shortly after completion, leading to a prolonged legal battle involving Norcope, as well as project bond-holder Intact Insurance Company and the Yukon government.
In court last week, lawyers representing the three parties each argued that their clients held zero responsibility for the issues that plagued the airport project, according to a report by CBC News. Norcope and Intact Insurance have maintained that they owed the government nothing while the government pressed for more than triple the initial awarded amount.
The legal proceedings commenced in 2017 when the Yukon government filed a lawsuit against Norcope and Intact Insurance, aiming to recover the $1.78-million bond on the project. Norcope subsequently filed a countersuit.
Yukon Supreme Court deputy Justice Adele Kent ruled last year that all involved parties held varying levels of responsibility regarding the damaged concrete apron.
According to Kent, the government failed to adequately supervise the project, Norcope exhibited poor construction practices, and subcontractor Tetra Tech provided a subpar concrete mix.
The government settled with Tetra Tech outside of court, but Norcope was ordered to pay over $2.3 million for its role in the project’s complications. Additionally, in a subsequent decision, Kent ruled Intact Insurance jointly liable, mandating the payout of the project’s bond.
Unsatisfied with the verdict, all three parties—the government, Norcope, and Intact Insurance—opted to appeal the decision.
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