School division suing companies over 2021 fire at Grande Prairie school

A school that caught fire on a Sunday in the spring of 2021 is at the centre of a legal battle between a northern Alberta school division and multiple companies. 

The Peace Wapiti School Division filed a $3.4-million lawsuit last year against Magnum Electric, 3M Canada, Graham Construction and Engineering and an unknown corporation. The division alleges the companies' negligence caused a fire at the Whispering Ridge Community School in the County of Grande Prairie, roughly 400 kilometres northwest of Edmonton.

Kayla Klava, a communications officer for the school division, told CBC News the lawsuit is a subrogated claim. Subrogation is a practice that allows an insurance company to sue under the name of its client to recover expenses.

The fire started April 11, 2021, under two of the school's portables. The fire damaged five portables on the east side of the premises and part of the main school building, according to an amended statement of claim filed with the Grande Prairie Court of King's Bench in April 2023.

A fire investigation report determined an electrical malfunction of heat trace tape caused the fire, which spread through an unprotected opening in a firewall.

In the statement of claim, the school division alleged that negligence, code violations and breach of contract from one or more of the companies resulted in the fire and ensuing damage.

Graham Construction, which was hired to install portables on the school premises, had  subcontracted the electrical work to Magnum Electric. 3M was the manufacturer of the heat trace tape.

The school division alleges it sustained damages of more than $3.4 million, including costs for repairs, replacing items, the loss of the use of the premises, a deductible and expert expenses.

None of the allegations have been proven in court. 

The fire forced the school to close for several months, Klava said, and students were educated elsewhere until it reopened.

How can heat trace malfunction?

Heat trace tape is material attached to a pipe that is designed to keep fluid from freezing.

Kendall Solbak, a master electrician and instructor at NAIT, told CBC News that two different types of cable are typically used. One kind needs to be installed more carefully, he said, because a hotspot could be created if the cables touch.

It is difficult to determine what happened in this case because many variables are involved, Solbak said.

"It's hard to say whether or not it was an installation error or if it was damaged," he said.

Companies deny allegations

Magnum Electric and Graham Construction deny the school division's allegations and are asking for the case to be dismissed with costs. 

In its statement of defence, Magnum Electric said the County of Grande Prairie inspected its electrical work and noted no deficiencies. The company said Graham Construction also inspected and approved the work.

Graham Construction and Magnum Electric have also filed notices of claim against co-defendants.

New defendant

This summer, the school division applied for an order to add another company, Flint Corp., to the list of defendants.

A retained expert determined that breakers installed under one of the portables were not ground-fault-protected, said Mike Downs, the director of claims management with the Alberta Treasury Board and Finance, in an affidavit filed in August.

The breakers were made in 2019, after Magnum Electric finished its electrical work on the school. The school division reviewed work orders between 2019 and 2021. One of them indicated Flint Corp. had repaired the heat tapes on March 30, 2020, according to the affidavit.

Applications judge Michael Park granted the application, according to a recent decision. Although, Flint Corp. argued the claim was "time-barred," since the school division could have determined the company had done work at the school with heat trace tape earlier.

CBC News contacted all of the companies named in the lawsuit. A spokesperson for 3M declined to comment and the others did not respond.