Western Regional Integrated Health Authority v Marine
Contractors Inc., 2016 NLTD(G) 1.
The Health Authority sued a contractor and the City of Corner
Brook with regards to damage to a hospital building and its
contents, due to flooding from a sewer back-up. In their pleadings,
the defendants admitted that the Authority owned the building.
Background
Information from discoveries indicated that the building was
owned by the Province of NL, with the Authority being a tenant.
Documents suggested prior knowledge, by the Authority, of this
distinction. The defendants were allowed to withdraw their
admission regarding ownership of the building. Subsequent
investigations showed that title to the property was registered to
the Government of Canada. As a result, the Province obtained a
document purporting to transfer control of the property to the
Province. Nevertheless, the absence of the Province as a party
meant that the claim for damage to the building could fail.
