MPI suing province, Manitoba construction company over road work that damaged vehicles

Road construction on the Perimeter Highway in 2021 under the Roblin overpass. (Source: Benjamin Kolteski/Facebook Oct. 14, 2021)

Manitoba Public Insurance (MPI) is suing the Manitoba government, a Manitoba construction company and an unidentified employee for more than $31,000 saying road work damaged 12 vehicles in 2021.

In a statement of claim filed on May 8, MPI said 12 vehicles were damaged between Oct. 11 and 13, 2021 while driving northbound on the Perimeter Highway, under the Roblin overpass.

MPI said roadwork was happening in the area, which included milling down the road to prepare it for resurfacing.

In the claim, MPI said the milled part of the road merged with the existing road "suddenly and without warning," at an "uneven height."

Due to the two different levels, MPI said the 12 vehicles were damaged, specifically on their tires and rims.

On Oct. 18, 2021, MPI said an employee contacted the province to tell it about the damage happening on the road.

MPI said Wintec Building Services was hired by the province to do the work and the unidentified employee was the one who milled the road.

"Manitoba was responsible for taking reasonable steps to avoid causing damage to any real or personal property in the process of construction, maintenance and repair of the Roadway," MPI said in the claim.

As part of the claim, MPI said the damage was caused by defects on the road and that Manitoba "owed a duty of care" to the vehicle owners to ensure the road work was done in a reasonable manner.

MPI said the province and the unknown employee breached their duty of care for not repairing the road in time, not properly supervising the road and not having proper signage in the area, adding that Wintec is liable for the incidents.

MPI is asking for more than $31,000 as well as court costs in the claim and said all defendants have refused to pay the owed amount.

None of the claims have been tested in court.

CTV News has reached out to the province and Wintec. The province said it would not comment as the matter is before the court.

Wintec said it has not been served with any statement of claim and can't provide any further comment on the matter.