A Winnipeg contractor has filed a lawsuit against the City of Winnipeg and a consulting firm, alleging that permitting delays and shifting requirements stalled construction of a townhouse development in the Prairie Point neighbourhood and caused financial losses.
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Prairie Point Inc. contractors filed a statement of claim in the Court of King’s Bench on Dec. 19, naming the city and Affinity Architecture as defendants. The lawsuit claims the city initially issued permits for the townhouses and an underground parking structure, then later asserted the project violated Manitoba building codes.
According to court documents, Prairie Point purchased land at 20 Ken Oblik Dr. in October 2021 and designed the project so the townhouses and underground parkade would be treated as separate structures. The city issued permits for both components in May 2022, and construction proceeded accordingly.
Problems emerged in December 2023, when Prairie Point applied for a final occupancy permit for the parkade. The city denied the request, stating the parkade and townhouses should be considered a single structure requiring a fire alarm system extending throughout the entire complex.
Affinity Architecture disputed that determination and re-applied for the permit, but the application was denied again on the same grounds, the lawsuit states.
Prairie Point alleges the city rejected both a professional opinion and a third-party engineering report confirming compliance with Manitoba building codes. The company says city officials continued to demand changes without clear direction.
“(The city) continued to require the owner to provide further alternative solutions without specific direction as to what it required,” the court filing says.
The city ultimately accepted a revised fire alarm solution in August 2024, and final occupancy was granted in February. However, Prairie Point claims additional delays occurred when the city revisited previously approved egress solutions during an audit, requiring further corrective work before tenants could move in.
The City of Winnipeg and Affinity Architecture have not yet filed statements of defence.
A contractor behind a townhouse development in Winnipeg’s Prairie Point neighbourhood is taking legal action against the City of Winnipeg and a consulting firm, alleging years-long permitting delays, inconsistent enforcement of building codes, and mounting financial losses.
Prairie Point Inc. contractors filed a statement of claim on Dec. 19 in the Court of King’s Bench, naming the city and Affinity Architecture as defendants. The lawsuit centers on the city’s handling of permits for a townhouse complex and underground parking facility at 20 Ken Oblik Dr.
According to the filing, Prairie Point purchased the land in October 2021 and designed the project so the townhouses and parkade would be treated as separate structures. The City of Winnipeg approved that approach, issuing permits for both components in May 2022, allowing construction to move forward.
The dispute escalated in December 2023 when Prairie Point applied for a final occupancy permit for the underground parkade. The city denied the application, asserting that the parkade and townhouses should be classified as a single structure under Manitoba’s building codes, requiring a comprehensive fire alarm system running from the parkade through all residential units.
Affinity Architecture challenged the city’s interpretation and submitted a second application, which was also denied. Prairie Point claims the city rejected professional opinions and third-party engineering assessments confirming compliance with provincial codes, instead insisting on additional changes.
“(The city) continued to require the owner to provide further alternative solutions without specific direction as to what it required,” the court filing says.
The lawsuit states the city eventually accepted a revised fire alarm solution in August 2024. Final occupancy for the project was granted in February, more than a year after the initial application.
During the dispute, the city also raised concerns about unit egress. Prairie Point submitted a solution that was initially approved, but the lawsuit claims that approval was later withdrawn during a city audit, triggering further construction work and delaying tenant move-ins.
Prairie Point alleges the city was negligent in its permit review process, noting that multiple inspections were conducted before the audit without raising compliance concerns. The lawsuit also claims Affinity Architecture was responsible for ensuring the project met code requirements and is liable for losses incurred as a result of the delays.
Neither the City of Winnipeg nor Affinity Architecture has filed a statement of defence. The claims have not been tested in court.
Originally reported by Nicole Buffie in Winnipegfreepress.
