Rogers denies liability in $25M lawsuit over Stradbrook Avenue high-rise fire

Smoke rises from 221 Stradbrook Ave. on Aug. 17, 2023 during a rooftop fire which forced some 200 tenants from the Winnipeg high-rise. (Submitted)

Rogers Communications is denying liability for a 2023 fire that forced residents from a Winnipeg high-rise apartment building, filing a statement of defence that attributes fault to contractors involved in rooftop telecommunications work at the building.

The filing, dated May 27, comes in response to a $25 million lawsuit brought by East Village Holdings Inc., the owner of the apartment building at 221 Stradbrook Ave. — known as The Spot at East Village. The lawsuit alleges the fire started on the building’s rooftop on the evening of Aug. 17, 2023, which was leased to Rogers for the installation of telecommunications equipment.

The statement of claim alleges the project involved running cabling and conduit from the rooftop to ground level and installing batteries, with supplies and materials delivered to the roof beginning earlier that year. It further alleges the fire was caused by those materials, including defective batteries and a defective extension cord.

East Village pegs the total damages at approximately $25 million, citing the compromise of the building’s rooftop water protection system, subsequent rainfall that worsened the water damage, and lost revenue during the period tenants were required to vacate their units while repairs were carried out.

Some 200 residents were displaced after receiving notice the building was uninhabitable due to water damage to the electrical system.

READ MORE: ‘Osborne high-rise deemed uninhabitable after rooftop fire’

Rogers denies it was at fault for the fire and says it had no knowledge of any unsafe conditions or defects with the communications equipment, stating the equipment was free of defects and in a reasonable condition for safe use.

“At all material times, Rogers acted in accordance with all industry standards, and with a reasonable degree of care, knowledge and skill,” reads the seven-page filing.

Rogers denies any negligence or breach of contract and argues that even if losses are found to stem from its alleged negligence, the plaintiff’s repairs amount to a “significant betterment” — and that any damages awarded should be reduced accordingly.

Rogers is seeking dismissal of the action against it with costs.

The filing also says Rogers entered into a service agreement in 2019 with an Ontario-based telecom company — one of the other defendants — to facilitate equipment installation. Under that contract, it says the company agreed to cover Rogers for any costs, losses, or damages to personal property caused by the company, its subcontractors, or anyone working on their behalf.

In a crossclaim, Rogers is also seeking contribution from the other defendants under Manitoba’s Tortfeasors and Contributory Negligence Act, arguing that if any damages are owed, the other parties should bear their share of the liability.

None of the claims have been tested in court.