Bird Construction Files $17M Lawsuit Over Assiniboine Park’s ‘The Leaf’ Project Mismanagement

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The Leaf, a vibrant symbol of the Assiniboine Park Conservancy’s multi-million dollar project, has now been thrust into the center of a hefty $17 million legal battle. Bird Construction Group, the construction management company involved in the project, has filed a claim in the court of King’s Bench of Manitoba, seeking to remedy losses they allege were incurred due to project mismanagement.

The claim alleges that Bird Construction Group had entered into a contract with the Assiniboine Park Conservancy for the creation of Canada’s Diversity Gardens, a project that included the construction of The Leaf building. The projected completion of the venture, according to the project’s RFP, was slated for October 2019, with a $61 million budget earmarked for construction costs.


Evidently, the project outpaced this original budget by a considerable margin. Initially allocated a total of $75 million, final costs soared to nearly double at approximately $130 million. Complicating things further, The Leaf did not open its doors until December 2022, casting a lengthy three-year shadow on what was previously projected.

The legal proceedings contend that Assiniboine Park Conservancy falsely represented that the project’s roof design had been thoroughly inspected and tested. Consequently, work on the project came to a grinding halt in June 2019. Bird attributes this delay to omissions and errors in the design, necessitating comprehensive investigations, remedial work, and redesign by the park and its consultants.

Earlier this year, Bird launched a $23.8 million Builders’ Lien against Assiniboine Park Conservancy and the city of Winnipeg. Although payments amounting to approximately $7 million have been made to Bird, it continues to seek the outstanding $16.8 million. Besides this outstanding payment, Bird is clamoring for a judgment for breach of contract, misrepresentation, and breach of trust in an amount to be decided at trial.

As of now, no defenses have been put forth, but it is reported that the Assiniboine Park Conservancy does intend to file a defense. The director of communications and public relations for the Assiniboine Park Conservancy, Laura Cabak, acknowledged the encountered difficulties during The Leaf’s construction and cited disagreements among project team members regarding the responsibility and associated costs of these issues. With the case currently in court, the park has declined to comment further.

While the city of Winnipeg has confirmed receiving the lawsuit, officials have not yet issued a public comment regarding the matter.