City Files Notice of Claim
Setting the Record Straight
Posted April 20, 2017
The following is being provided as additional information in relation to an article that ran in the Abbotsford News on April 19, 2017.
The City of Abbotsford hired Dayton & Knight in 2000 as an engineering consulting firm to perform design work at the Norrish Creek Water Filtration Plant. In November 2010, Dayton & Knight amalgamated with 0892710 B.C. Ltd. and Newco Management Ltd. to form Opus DaytonKnight Consultants Ltd. In October 2016, Opus DaytonKnight Consultants Ltd. amalgamated with Opus International Consultants (Canada) Limited. As a result of the amalgamations, Opus International Consultants (Canada) Limited assumed all the liabilities and obligations of Dayton & Knight.
The City of Abbotsford held a property insurance policy for both water and sewer facilities underwritten through Zurich Insurance Company in 2015. The policy agreement provides for Zurich Insurance to be able to seek legal remedy with additional parties for insurance claims made under the policy.
On March 27, 2015 a directional control valve in the City’s Norrish Creek Water Filtration Plant became stuck resulting in a flood that caused damage resulting in the City filing an insurance claim for the clean-up and repair work costs.The claim was finalized on April 22, 2016 for the amount of $1,750,621.
On March 27, 2017, Harper Grey (LLP) filed a Notice of Civil Claim with BC Supreme Court on behalf of Zurich Insurance Company, citing Opus International Consultants (Canada) Limited and Opus DaytonKnight Consultants Ltd. as Defendants and the City of Abbotsford as Plaintiff. Through this Notice of Civil Claim, Zurich Insurance is seeking to recoup costs related to a 2016 claim by the City of Abbotsford. As this is an ongoing legal matter before the Courts, the City is unable to comment on any additional specifics while this Claim remains active.
The City of Abbotsford currently has ongoing/active service contracts with Opus International Consultants (Canada) Limited. The Civil Claim action by Zurich Insurance Company relating to works performed by Dayton & Knight should in no way been seen to prejudice any existing or ongoing works being performed by Opus International Consultants (Canada) Limited for the City of Abbotsford.