The city has won a landmark ruling under Alberta’s Building Code against a Canadian engineering firm regarding repairs made to the Rocky Mountain Court building’s parkade.
The city launched legal action against Williams Engineering Canada Inc., for its involvement in repairs to the parkade at 221 6 Ave SE in the summer of 2011.
Provincial Court Judge Heather Lamoureux rendered a landmark decision saying the engineering company breached its obligations to Alberta’s Building Code by undermining the structural stability of the parkade and causing an unsafe condition.
“We’re pleased with today’s ruling as it demonstrates The City's commitment to enforce Alberta’s Building Code and ensures that building construction does not endanger public safety,” said Marco Civitarese, The City of Calgary’s Chief Building Official. "Where municipalities have failed to inspect and enforce building code violations and public safety measures, injuries and even deaths can occur. The 2012 collapse of the parkade shopping mall in Elliot Lake in Ontario is a sad reminder that we need to be vigilant.”
“Today’s ruling sends a clear message: engineering firms, like other parties who are involved at the various stages of a construction project, have independent obligations to satisfy in the design and execution of a construction project” said Ola Malik, The City’s municipal prosecutor who conducted the 3-week trial.
The decision appears to be the first time in Canada that an engineering firm has been convicted for breaching provincial Building Codes legislation.
Sentencing is scheduled for later this year.
