More lawsuits against Moncton engineer over alleged building defects
Cases say buildings needed temporary supports ahead of permanent changes
A suspended Moncton structural engineer faces more lawsuits alleging design flaws in buildings that require repair.
Four cases were filed in recent months alleging issues with buildings in Dieppe and Saint John.
The cases allege Hélène Thériault, or her firm Match Engineering, failed to properly design the structures.
The cases say temporary measures were put in place to ensure the safety of the buildings ahead of permanent changes to the structures.
Previous lawsuits were filed over buildings in Shediac, Miramichi and Dieppe. The Association of Professional Engineers and Geoscientists of New Brunswick suspended Thériault's licence last year.
A Halifax-based engineer reported her to the association after being asked by a building owner to review a Dieppe building she designed. The engineer, John Richardson, told CBC News he visited or reviewed plans for multiple buildings she worked on, concluding some were at risk of collapse.
The cases filed over recent months allege Thériault or her firm were negligent, causing losses building owners are seeking to recoup. The cases do not specify exact figures.
The allegations haven't been tested in court.
Match and Theriault have filed statements of defence in three of the four recent lawsuits.
A lawyer representing Thériault and her Moncton firm, where she was the sole director, did not respond to a request for comment. James Boudreau previously said neither he nor his client would comment while cases are ongoing.
In mid-December, Terrasses du Marché GP Inc. sued Match Engineering and Design Plus Architecture Inc., alleging flaws in the structure at 230 Champlain St. in Dieppe.
The lawsuit says Design Plus retained Match for the structural designs of the four-storey building with offices and residential units.
The case alleges that in June 2024, a consultant hired by the plaintiff discovered "structural deficiencies in the floor slabs on the second and third floors."
No statements of defence have been filed. Neither Design Plus nor a lawyer representing Match responded to emails seeking comment about the case.
The building was constructed through a partnership of several companies, including Foulem Construction.
Denis Foulem, managing partner DuParc Real Estate Group, said in an emailed statement that temporary supports were installed last summer and that work to implement long-term corrective measures is currently underway.
Two of the cases were filed by Aquarius Holdings Inc. against Thériault and Match.
A case filed Dec. 24 alleges flaws with the designs of an apartment building at 29 Lower Cove Loop in Saint John.
A separate case filed Jan. 7 alleges flaws with a "similar building" at 990 Fairville Blvd. in Saint John.
The lawsuits say Aquarius was alerted to the potential issues through an email from a Saint John city staff member in June. The lawsuit says Aquarius retained CIMA Canada Inc. to inspect both buildings.
The Fairville case says the consultant advised that external reinforcing was required to support the concrete slab on the second floor.
The consultant advised that the Lower Cove Loop building, the lawsuit says, had a concrete slab that was too thin to transfer loads from partitions above and that it was under-reinforced.
"The failures in design by Thériault and Match Engineering will require permanent structural shoring and repairs," the Lower Cove lawsuit states. It says temporary shoring was installed to insure the stability of the building pending long-term repairs.
Similarly, the Fairville building lawsuit says temporary shoring was installed pending long-term repairs.
Peter MacPhail, a lawyer representing Aquarius in the two cases, said the company doesn't want to comment at this point.
Responses filed
Statements of defence were filed about the two Saint John cases on Jan. 17.
"Match acknowledges that it under designed certain elements of the external reinforcing required to support the concrete slab on the [second] floor," the statement says about the Fairville building. A similar admission is made in the Lower Cove Loop case.
Both cases say that if the building owners suffered losses, it was the fault of either the owners themselves, contractors or other officials. The documents ask for the cases to be dismissed.
In October, Skyline Real Estate Holdings Inc. sued Thériault and a numbered company, 2019762 Alberta Ltd., alleging defects in the design of three buildings on Primrose Lane in Dieppe.
That case alleges Thériault designed the structures in 2011 and 2012 while working for Corbo Inc., which later became 2019762 Alberta Ltd.
The case alleges Skyline was notified in June of problems with the design by BMR Structural Engineering, a Halifax-based firm hired by the City of Dieppe to review building plans by Thériault.
The Halifax engineer, who last year told CBC that he concluded some buildings Thériault designed were at risk of collapse, works for BMR.
The case alleges Skyline was told that "due to the poor design, [the buildings] were overloaded and in a dangerous condition." The case says temporary measures were put in place ahead of permanent changes.
Thériault's lawyer filed a statement of defence in November denying the allegations.
The statement of defence says that if there were failures, Thériault wasn't the cause of the losses alleged by Skyline. And it says if there were losses, they were caused by Skyline or contractors.
The Association of Professional Engineers and Geoscientists of New Brunswick last year said it had hired a third party to review Thériault's work.
Lauren Nicholson, a spokesperson for the association, said last week that there was no update to provide about that review.
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With files from Pascal Raiche-Nogue
