Thunder Bay

Man-Shield Construction in court multiple times involving subcontractors

The contractor who has spent time in court dealing with issues regarding subcontractors and construction liens, has dealt with a number of other legal matters at some of its work sites across Canada.

Waterfront condos cited as having numerous legal battles involving general contractor

The former contractor at Thunder Bay's waterfront condominiums is involved in other lawsuits involving the payment of subtrades. (Jeff Walters/CBC)

The contractor for two waterfront condominium buildings in Thunder Bay, Ont., who has spent time in court dealing with issues regarding subcontractors and construction liens, has dealt with a number of other legal matters at some of its work sites across Canada.

In a decision involving a flooring contractor with the Thunder Bay condominiums, Justice Bruce Fitzpatrick noted issues with the credibility of Man-Shield's evidence. The contractor was ordered to pay the subcontractor $650,000.

CBC News has now obtained three other court decisions with similarities to what occurred between Man-Shield and The Floor Show Ltd.

One case, also involving the waterfront condominiums, was also decided by Fitzpatrick in early 2018. It involved Jet Welding, a subcontractor from Thunder Bay, being owed nearly $40,000 for work completed on the project.

Fitzpatrick wrote this case was "quite small when compared to the scope of the amounts at issue in all other litigation."

Man-Shield claimed the work was deficient, but Fitzpatrick once again noted the evidence supplied by the contractor was not credible, and wrote that the company, "laid in the weeds about the alleged deficiencies and only sprang the evidence after a court imposed deadline had passed."

Fort Frances school

In another matter, Man-Shield was ordered to pay $142,000 to a subcontractor, Mirmil Products, which installed countertops at a school in Fort Frances, Ont., under construction in 2010.

Man-Shield alleged the subcontractor had installed damaged product, as well as did not complete work at the school. However, the court determined Mirmil had fulfilled its obligations, and some of the products that were damaged, were in use in the school for months before Man-Shield made any claim.

The court once again noted it had issues with the testimony of Man-Shield. It also noted the labour rates being proposed in its counterclaim were out of line with what was actually being paid out, leading the court to believe it was attempting to profit off of the damages it was alleging.

Alberta nursing home

Another case, involving the construction of a senior's residence in Calgary, had Man-Shield alleging it was owed money by the developer of the home.

The Court of Queen's Bench of Alberta determined the company never properly installed wiring in one section of the home, decreasing the value of its work by $90,000.

The owner of the home also noted 16 other issues involving Man-Shield and the work it performed during construction. The report from a consultant was heavily relied upon by the court, to determine the value of the deficiencies of work. The consultant also identified nearly $90,000 of general issues, including the installation of towel racks, and repairs to drywall and carpet.

The building was also subject to a leaky roof, as well as issues with showers and tubs.

The court also determined that Man-Shield performed work that was not approved by the owner of the project.

The issues in Alberta could proceed to trial.

About the Author

Jeff Walters

Reporter/Editor

Born and raised in Thunder Bay, Jeff is proud to work in his hometown, as well as throughout northwestern Ontario. Away from work, you can find him skiing (on water or snow), curling, out at the lake or flying.