Mark Stirrup

The plaintiff City of Windsor brought a motion for summary judgment against the defendant engineering company, RC Spencer Associates Inc., seeking 50% of damages paid to homeowners for sewage backups.

The City alleged Spencer provided incomprehensible drawings for a sewer separation project, leading to the removal of an essential overflow mechanism.

The court ordered a mini-trial to hear oral evidence regarding the clarity of the drawings.

The court found both parties negligent, with Spencer's drawings lacking sufficient detail for the contractor and inspector to understand the need to maintain the overflow, and the City being negligent as the final reviewer and inspector.

The court apportioned liability equally, ordering Spencer to pay 50% of the damages.

The plaintiff municipality brought a motion for summary judgment against the defendant engineering firm for 50% of the damages paid to homeowners due to a sewage backup.

The municipality alleged the defendant's design drawings for separating storm and sewage drains were unclear, leading to the removal of an overflow mechanism.

The court found a genuine issue requiring a trial because the key witness who implemented the design in the field did not provide an affidavit.

The court ordered a mini-trial under Rule 20.04(2.2) to hear oral evidence from this witness regarding the clarity of the drawings.