Graham Infrastructure Ltd v Epcor Utilities Inc
Graham Infrastructure Ltd. (c.o.b. “Graham Infrastructure, a JV”)
Epcor Utilities Inc.
Law Firm / Organization
Dentons Canada LLP
Epcor Water Services Inc.
Law Firm / Organization
Dentons Canada LLP
Epcor Technologies Inc.
Law Firm / Organization
Dentons Canada LLP
JKR Excavating Ltd
Law Firm / Organization
Unrepresented

Key Points:

  • Background:
    • Graham was the general contractor for the Wildflower project in Strathmore, involving a water reservoir and pump station.
    • On January 11, 2013, a failure in the East Calgary Regional Waterline (ECRW) caused extensive flooding, damaging the project site.
    • Graham claimed over $2.8 million in damages, remediated the site, and filed for insurance under the Course of Construction (COC) Policy.
  • Legal Proceedings:
    • Graham’s insurer subrogated the claim against Epcor, alleging negligence.
    • Epcor sought summary dismissal, arguing:
      1. The Town, not Graham, suffered the loss.
      2. Epcor is an insured under the COC Policy, barring subrogated claims.
  • Court's Analysis:
    • Suffering of Loss:
      • Graham was contractually responsible for damages under Article 18 of the Construction Contract.
      • The Town extended Graham’s contract time but did not assume financial responsibility for the flood damage.
      • There is a genuine issue requiring trial regarding whether Graham or the Town suffered the loss.
    • Epcor’s Insured Status:
      • The Court examined if Epcor supplied services to the project at the project site.
      • Epcor's involvement was primarily in managing the Town’s water infrastructure.
      • Insufficient evidence concluded Epcor was an insured under the COC Policy during the flooding incident.
  • Conclusion:
    • Appeal dismissed.
    • Costs to be discussed between the parties. Amount was not specified.

 

Court of King's Bench of Alberta
1501 00305
Insurance law
Plaintiff