Yukon (Government of) v. Norcope Enterprises Ltd.

Yukon (Government of) v. Norcope Enterprises Ltd.

The Court dismissed both the appeals and the cross-appeal: the trial judge did not commit reviewable error in her handling of expert evidence or causation, her factual findings on defective workmanship and contribution of seasonal movement were supported by the record and entitled to deference, liability was properly apportioned (Tetra Tech 50%, Norcope 35%, Yukon 15%), damages and betterment assessment and the bond interpretation were reasonable, and Intact is liable under the bond to the extent of Norcope's fault up to the bond limit.

Citation
2024 YKCA 6
Parties
Respondent/plaintiff: Government of Yukon; Appellant/defendant: Norcope Enterprises Ltd.; Respondent/appellant/defendant: Intact Insurance Company; Respondent/third Party: Tetra Tech EBA Inc.; Further Third Party: Norcon Concrete Products Inc.; Further Third Party: Yucal Properties Inc.; Further Third Party: Douglas L. Gonder
Court
Yukon Court of Appeal
Jurisdiction
Canada
Judgment Date
21 May 2024
Procedural Posture
Civil Appeal Construction Defect (contract and Negligence) / Appeal and Cross Appeal (court of Appeal)
Outcome
Appeals and cross-appeal dismissed
Legal Topics
Causation, Apportionment of Liability, Damages Assessment, Betterment, Performance Bond Interpretation, Costs, Expert Evidence Admissibility, Contributory Negligence
Source Language
English
Contract Law Tort (negligence) Construction Law Insurance and Surety Bonds Evidence (expert Witnesses) Causation Apportionment of Liability Damages Assessment +5 more

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Parties

Government of Yukon

Respondent/plaintiff

Norcope Enterprises Ltd.

Appellant/defendant

Intact Insurance Company

Respondent/appellant/defendant

Tetra Tech EBA Inc.

Respondent/third Party

Norcon Concrete Products Inc.

Further Third Party

Yucal Properties Inc.

Further Third Party

Douglas L. Gonder

Further Third Party

Procedural Posture

Civil Appeal Construction Defect (contract and Negligence) / Appeal and Cross Appeal (court of Appeal)

Legal Issues

  1. 1 whether plaintiff proved causation of concrete apron cracking and did not reverse burden of proof
  2. 2 admissibility and weight of expert and litigant (participant) expert evidence including gatekeeping role
  3. 3 apportionment of liability among Norcope, Tetra Tech and Yukon under Contributory Negligence Act

Ratio Decidendi

The Court dismissed both the appeals and the cross-appeal: the trial judge did not commit reviewable error in her handling of expert evidence or causation, her factual findings on defective workmanship and contribution of seasonal movement were supported by the record and entitled to deference, liability was properly apportioned (Tetra Tech 50%, Norcope 35%, Yukon 15%), damages and betterment assessment and the bond interpretation were reasonable, and Intact is liable under the bond to the extent of Norcope's fault up to the bond limit.

Court Disposition

Appeals and cross-appeal dismissed

Orders

  • Norcope Enterprises Ltd.'s counterclaim against the Government of Yukon for contributory negligence allowed with liability apportioned under the Contributory Negligence Act
  • All other claims, counterclaims and third party claims dismissed