Without a doubt, those of us who live, work and/or drive in Toronto are frustrated by the seemingly never-ending construction. The consequences of such construction are significant, for drivers, businesses, and infrastructure. While drivers face road delays, roadwork also hurts storefront business owners, as their business becomes less accessible to the public. Construction can also cause damage to adjacent properties, such as a home, office building, or even a church.
The Church of the Holy Trinity is one of those churches. The church is located in Toronto, and is adjacent to the Eaton Centre shopping mall. Holy Trinity alleges that an underpass built beneath the church – meant to enhance access to the mall – has caused the walls within the church to crack. The church filed a legal claim with the Ontario Superior Court in April, seeking $2 million in damages from the owner and operator of the mall, the Cadillac Fairview Corporation.
According to the statement of claim, the cracking began in 2004, when one underpass beneath the church was put into use by trucks making deliveries to the Eaton Centre. "Thereafter, and over time, the church gradually began to exhibit signs of distress, cracking and settlement . . . the cause(s) of which were unknown," according to the document.
Today, the church no longer takes the position that the cause(s) are unknown. Rather, the church alleges that the cracks are a direct result of the design, construction, and use of the underpass.
Holy Trinity was constructed over 150 years ago, in 1847. With the age of Holy Trinity Church, natural distress is likely to occur if the building is not tended to on a regular basis.
Ultimately, whether Cadillac Fairview contests the church's claim or not, the cause of the cracking will be a matter to be determined by experts. The further question will then be whether such cracking was a reasonably foreseeable consequence of the design, construction and/or use of the underpass, something which will be up to the court to decide.
However, Holy Trinity hopes the matter won't proceed quite this far. Despite the church's lawsuit having been registered with the court, it has not yet been legally served to Cadillac Fairview.
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