Yukon court dismisses appeals of Whitehorse airport apron case

A panel of Yukon Court of Appeal judges has dismissed attempts to overturn a decision awarding damages over the botched 2014 replacement of the Whitehorse airport's concrete apron.

Justice Patrice Abrioux, backed by justices Karan Shaner and Peter Willcock, tossed appeals from contractor Norcope Enterprises Ltd., project bond-holder Intact Insurance and the Yukon government this month.

"No reviewable errors have been identified in either the appeals or cross-appeal and the judge's conclusions are entitled to deference," the appeal decision reads, meaning the existing decision will stand.

The appeal court's ruling is the end of the latest chapter in a years-long legal dispute over who's to blame for the concrete apron cracking shortly after it was installed at the airport a decade ago.

The Yukon government kick-started the case by taking Norcope to court in 2017, accusing the contractor, which was awarded a multi-million-dollar contract for the project, of doing deficient work. The government also sued Intact Insurance to recover the more than $1.78-million bond on the project.

Norcope then counter-sued the government, alleging the government ignored its advice and neglected to give it information that it needed to ensure the integrity of the apron.

A Yukon Supreme Court judge, following a five-week-long trial, ruled in 2022 that the government, Norcope and a sub-contractor all held some responsibility for the project going sideways — Norcope and the sub-contractor, for doing poor work, and the government, for failing to properly supervise the project.

Justice Adele Kent found that the damages for the situation amounted to nearly $10 million, but, given the division of responsibility and other factors, ordered Norcope to pay the Yukon just more than $2.36 million. She also ordered Intact Insurance to pay out the bond.

Norcope and Intact Insurance both appealed, arguing that they shouldn't have to pay anything as the Yukon didn't meet its contractual obligations for the project. Meanwhile, in a cross-appeal, the Yukon government argued it held zero responsibility for the cracking and that Norcope should be made to pay triple the amount in damages.

While all three judges claimed that there were a number of issues with Kent's decision, the appeal court, in its 70-page decision, noted that she sat through "a lengthy and complex trial" that featured the testimony of several expert witnesses, and "also made findings of credibility in order to reach her conclusions."

The appeal court concluded that Kent had appropriately canvassed and considered the arguments and issues in the case, and had made no errors that needed to be corrected.