A judge in Alberta has dismissed a lawsuit over the design of Fort St. John’s 2010-opened Pomeroy Sport Centre due to more than 13 years of delays.
In July 2010, Pentagon Structures Ltd. of Edmonton sued Field, Field & Field Architecture Engineering Ltd. of Grande Prairie, claiming $1.74 million in damages for negligence. Pentagon alleged Field designed the 400-metre speedskating oval 16 inches short, requiring a redesign, changes to structural steel foundations and remanufacturing of structural steel components. Field denied the allegations in its August 2010 response.
The case took numerous twists, turns and time-outs, but did not proceeded to trial.
“I conclude that there is no compelling reason not to dismiss Pentagon’s action against Field,” said Judge Lucille R. Birkett in an April 4 Alberta Court of King’s Bench ruling. “There has been inordinate and inexcusable delay in this litigation which has resulted in significant prejudice.”
Birkett decided Field is entitled to costs. She noted the 13-year, four-month delay between filing of the statement of claim and the application to dismiss for delay. No examination for discovery took place and the mediation was cancelled.
“This action will most likely not be tried for several years, particularly if questioning is further postponed while Pentagon proceeds with its special chambers application for partial summary judgment,” Birkett wrote. “Witnesses will be questioned at trial about events that occurred between 2007 and 2011, which will then be as much as 20 years prior.”
Originally called the Enerplex, the $44 million facility also includes two full-size hockey rinks and a running track. It opened with an October 2010 ceremony featuring then-Premier Gordon Campbell, Peace River North MLA Pat Pimm and Fort St. John Mayor Bruce Lantz.
Complicating matters was the 2007 joint venture agreement between Field and Pentagon and their joint 2011 lawsuit against the City of Fort St. John and Cannon Design Architecture Inc., in both Alberta and BC courts.
That case was settled in 2018 for $750,000. Neither Fort St. John nor Cannon admitted liability. Pentagon then turned its attention back to the 2010 case against Field.
In its defence, Field argued that the proper plaintiff was the joint venture, but that agreement prohibited any action between the joint venturers.
On Oct. 31, 2023 Pentagon applied for a partial summary judgment. Field responded the next day with the application to dismiss for delay. Birkett heard both parties on March 6, 2025.
Birkett’s judgment said that Pentagon did not allege defence delay against Field. She found Field responded to procedural issues, including provision of documents and facilitating amendments to the statement of claim.
Field argued there had been litigation prejudice, “primarily with faded memories,” because certain documents and employees were no longer available.
