Rogers denies responsibility for 2023 Stradbrook Avenue high-rise blaze in $25-M lawsuit

Rogers Communications is denying liability for a fire that forced residents from a Winnipeg high-rise apartment building in 2023, arguing the finger should be pointed at contractors conducting work on its behalf.

Rogers made the arguments in a statement of defence filed in Court of King’s Bench last month in response to a $25-million lawsuit filed last summer by East Village Holdings Inc., the owner of the apartment building at 221 Stradbrook Ave., The Spot at East Village.

“Rogers denies that the fire occurred as alleged,” reads the company’s statement of defence, which asks the court to dismiss the lawsuit. “In the alternative, the fire was not the fault of Rogers.”

The fire broke out on the the 18-storey, 146-unit building’s rooftop in the evening on Aug. 17, 2023.

East Village Holdings Inc. alleges in its lawsuit against Rogers and several contracting companies that the fire started where several contractors were working on behalf of Rogers Communications, which had leased rooftop space from the owner for a telecommunications project.

The lawsuit claims contractors transported equipment and materials, including batteries, to the roof and ran an extension cord in order to power them, resulting in the blaze. It alleges the batteries and cord were defective.

Rogers denies it can be held liable for the fire and argues it had no knowledge of any unsafe conditions. The telecom giant says its communications equipment was free of defects and in reasonably safe condition.

“At all material times, Rogers acted in accordance with all industry standards, and with a reasonable degree of care, knowledge and skill,” the firm said in its filing.

Rogers denies any negligence or breach of contract.

It argues that even if the court finds its alleged negligence led the building owner to suffer losses, the plaintiff’s repairs increased the property’s value, meaning any damages should be reduced. The building has since reopened to tenants.

Rogers also filed a cross-claim against the contractors — PT Protech Telecom and several subsidiaries, Hi-Rise Carpentry, Gower Electric & Elevator Services, Enersys, Southwire Company, Bell Temple and several unnamed firms — seeking to have the court hold the companies responsible for any damages it is found liable for.

The telecom company argues if the building owner suffered any damages, it was as a result of the negligence of the contractors.

PT Protech, which Rogers hired to install equipment, agreed to indemnify Rogers from any damages that arose from the work in its contract, Rogers claims in its court filing. PT Protech then hired subcontractors.

Rogers also filed a third-party claim against Private Pension Partners Realty Services Inc., or P3 Realty, which managed the building on behalf of the owner.

The telecommunications firm argues P3 Realty negligently breached its obligations to East Village Holdings by failing to keep the building safe, including by inspecting and monitoring.

Rogers alleges the property management company was aware of and permitted the extension cord to be wrapped around a swing stage or a ladder attached to the wall of the rooftop mechanical room and failed to comply with fire and building codes, among other allegations.

Rogers has asked the court to hear the third-party claim along with East Village Holdings’s lawsuit.

The fire damaged the building’s rooftop water-protection system, and efforts to extinguish the blaze, along with smoke and water, caused further damage throughout the building. The building owner claims it suffered about $25 million in damages.

Another lawsuit filed last summer — by former tenants of the building against the building owner, Rogers and contractors — was recently discontinued, court records show.

erik.pindera@freepress.mb.ca