RM Reeve Kam Blight, Mayor Irvine Ferris and PRRA General Manager at a press conference held earlier today

"We feel very strongly the citizens of Portage la Prairie and area who built this facility did not get their money's worth" 

Those are the words of Mayor Irvine Ferris, as the city, RM of Portage, and Portage Regional Recreation Authority file an application to the court of Queen's Bench to pursue legal action for breach of contract, breach of duty, and negligence. The PRRA sent out a release this morning, indicating the Shindleman Aquatic Centre's roof was experiencing deterioration, making safety a concern once the snow begins to pile up on the roof. The notice of application names several firms involved with the work at the PCU Centre, including Tower Engineering, Tower Consulting, Stantec, Stantec Consulting, Ambassador Mechanical, Crane Steel Structure, and Stuart Olson Construction.

The decision to close the pool was a result of a building assessment report, which saw the final report come out on August 29th. Since that time the PRRA discussed options that wouldn't involve the closure, but engineers indicated the structural integrity of the pool's roof couldn't be guaranteed. PRRA General manager David Sattler says they decided to take a look at the deficiencies of the centre, after noticing problems as early as last year.

"We decided we needed to get a full view of what is wrong. We looked at having a building condition assessment completed. Based on that there was some information, that was completed, the pool was done first. When that building condition report was provided we noticed some issues in there that we determined needed further investigation work. We did that over the summer, as well as the ability to review the rest of the facility to make sure there were no other concerns."

Ferris says they decided to close the pool, as they couldn't provide assurance the roof would be able to handle a dumping of snow. With the pool set to close October 31st, and not reopening until at least fall 2017, current members are being reimbursed and the membership fees will be adjusted. However, there's also a concern for the user groups who frequent the pool. The local swim club was called this morning, and the PRRA is working to accommodate the group the best they can. Sattler says they will be releasing the organization's funding as the club will need to travel to either Brandon, Winnipeg, or another community to access an indoor pool. Other stakeholders, including Sandy Shindleman and the Portage Credit Union have also been contacted. 

Reeve Kam Blight

Just what the repairs will cost isn't known yet, but the goal of the legal action is to have the work covered by the engineering firms involved in the initial construction. The extent of the necessary repairs also isn't known just yet, as RM of Portage Reeve Kam Blight notes they're still collecting more information.  

"We're still waiting on the full report to be provided to us. Right now we're working on the information we have."

However, Blight says there doesn't seem to be any concerns surrounding the PCU Centre's foundation. 

While the pool will be closed as of October 31st, repairs on the facility won't be able to begin until next spring. While the hope is to have a ruling on the case by the end of the year, the work on the repairs will begin regardless of if a ruling has come forward. Blight says they're confident the issue will be resolved in their favour, meaning taxpayers won't be on the hook for the cost of the work or the legal costs, once all is said and done.

"We are determined to hold those companies involved accountable. That's why we're seeking legal action and we're very confident going forward."

Overall Ferris credits the work of Sattler, given his attention to the issue taking place at the PCU Centre. He says without Sattler, these deficiencies could have gone unnoticed, and resulted in a tragedy.

"These things are not always discovered in a timely fashion. You can look to (Elliot Lake) Ontario where the parkade collapsed and a woman was killed there. The lion's share of the credit goes to David Sattler and his staff for being good managers, looking after this facility, and keeping their eyes open."

The application will come on for a hearing before a judge on Thursday, September 28th at the Law Courts Building in Winnipeg.

For more information:
Court of Queen's Bench Application