Assiniboine Park Conservancy files defence, counter-sues in Leaf lawsuit

The Hartley and Heather Richardson Tropical Biome includes a 60-foot waterfall, which Dieleman said will enhance the tropical experience. (Source: Zach Kitchen, CTV News)

The Assiniboine Park Conservancy has filed its defence, and is counter-suing the contractor behind the Leaf construction project.

The conservancy was slapped with a nearly $17 million dollar lawsuit by Bird Construction Group two months ago.

A statement of claim filed in Manitoba's Court of King's Bench in October is seeking $16.8 million from both the conservancy and the City of Winnipeg.

It claims construction of The Leaf was delayed because of errors in the roof design, and accuses the conservancy of breach of contract and misrepresentation.

While the project had an initial budget of $75 million, it ended up costing around $130 million and opened years later than anticipated in December 2022.

In its defence and counter-claim, the conservancy says Bird was contractually obligated to ensure the project was up to spec, and responsible for correcting any errors along the way.

The counter-suit is seeking unspecified damages. None of the allegations have been tested in court.

Both the City of Winnipeg and The Assiniboine Park Conservancy have previously stated they will not comment on the matter while it is before the courts.