The plaintiff, Mabe Canada Inc., sued the defendant, United Floor Ltd., in negligence for approximately $1 million in damages caused by a flood in its warehouse.
The flood resulted from a damaged drainage pipe located beneath the concrete floor, which the plaintiff alleged was punctured by the defendant's stakes during floor installation in 2004.
The court found that the pipe was indeed damaged by the defendant's stakes.
However, the court concluded that the defendant met the applicable standard of care, as the general contractor (First Gulf) failed to adequately inform United Floor of the shallow and unusual location of the pipes, and industry practice did not require the defendant to proactively locate such unexpectedly shallow pipes.
Consequently, the plaintiff failed to prove negligence, and no damages were awarded.
