Festival du Voyageur denies responsibility for caterer’s losses after Fort Gibraltar platform collapse

Festival du Voyageur has denied it can be held legally responsible for the losses of a catering company, after the collapse of a platform at Fort Gibraltar temporarily shuttered the firm’s business.

Gibraltar Dining Corp. alleged in a lawsuit filed in Court of King’s Bench that the city and festival are responsible for its lost revenue because it was unable to host events in the space it leases in the fort for months after the collapse on May 31, 2023.

The catering company operates in a space within the replica fort leased from Festival du Voyageur.

Festival du Voyageur, which operates the fort on land leased from the city, argues its not responsible for Gibraltar Dining’s losses.

“Festival respectfully submits that the statement of claim as against it be dismissed, with solicitor and own client costs,” reads its statement of defence, filed last week.

The elevated walkway along the inside walls of the fort at the St. Boniface historic site collapsed while Grade 5 students from St. John’s-Ravenscourt School were on a field trip.

Twenty-eight people tumbled to the ground from a height of between four and six metres. Seventeen children and one teacher were taken to the Health Sciences Centre for treatment.

In its statement of defence, Festival du Voyageur says it and the catering company had discussions about temporarily suspending the lease and other payments after the fort was ordered temporarily closed to the public by government officials.

The parties came to an agreement to suspend the lease in July 2023.

In December that year, the festival and the company began negotiating a new agreement to resume regular operations, while “recognizing the impacts to Festival and the plaintiff” during the time the fort was closed to the public, the festival’s statement of defence claims.

The two parties inked a new agreement in January 2024.

“The 2024 agreement was intended to, and did, resolve all matters between the plaintiff and Festival relating to amounts, if any, payable between the parties arising from the orders prohibiting public access from May 31, 2023 to Jan. 29, 2024,” reads the festival’s defence filing.

The catering firm also alleges the festival breached its contract by failing to keep the fort in good repair, failing to adequately inspect the property for structural deficiencies and by barring it from its leased property.

Festival du Voyageur denies those claims, instead arguing it complied with all obligations under the lease to maintain the property and took reasonable steps, along with the city, to inspect it.

“(Festival) was not aware of, and by reasonable due diligence could not reasonably have become aware of, deficiencies with the fort that allegedly caused the incident,” reads its court filing.

“The incident was not caused or contributed to by any action or omission of Festival.”

The festival’s court papers further argue the orders that prevented Gibraltar Dining from accessing the premises was outside of its control and that the catering company was obligated to obtain insurance under the lease agreement, which should cover any losses.

The City of Winnipeg has yet to respond to the catering company’s lawsuit.

Gibraltar Dining Corp.’s lawsuit is the fourth legal action filed over the collapse. The three prior lawsuits, which remain before the court, are related to injuries allegedly suffered in the incident.

The festival has denied liability in response to those claims.

Festival du Voyageur said in 2023 it would dismantle and reconfigure the historical site.

It built the site, which is a replica of two earlier forts of the same name, in 1978 on city-owned land in Whittier Park. It has been used regularly for public and private events.

erik.pindera@freepress.mb.ca