If you live in a multi storey apartment in New Brunswick, you expect your building to be safe. Flawed designs by a former Moncton structural engineer have led to multiple lawsuits across the province, including right here in Saint John. The legal battle is heating up over how to cover the massive costs to fix these structures. According to a recent report from CBC News, the engineer and her firm are offering a $4 million insurance payout to settle the claims.

Multiple firms are suing Match Engineering and its sole director, Hélène Thériault. The lawsuits claim her work forced building owners to spend millions to address structural deficiencies. These buildings include apartments in Saint John, Dieppe, Shediac, and Miramichi, along with an arena in Caraquet.

Thériault acknowledges the design flaws. Earlier this year, she agreed to never work as an engineer again.

The Fight Over Four Million Dollars

The core issue in court this week revolves around money. The claims from building owners easily exceed the $4 million available in the firm’s insurance policy.

James Boudreau represents Thériault. He filed a motion in Moncton court asking for direction on how to handle 11 active lawsuits. Boudreau wants the court to take the $4 million and figure out how to distribute it among the claimants. He also noted that declaring bankruptcy is a direct option for the defendants.

Building Owners Push Back

Lawyers representing the building owners have serious concerns about this approach. Thomas O’Neil represents a building owner in Dieppe. He told the judge he expects the insurer to hand over the money and walk away, leaving the plaintiffs to cover the expensive claims process.

O’Neil insists the insurer must take responsibility for the process and its costs. He told the court there must be consequences for the structural failures.

Boudreau responded by pointing out that forcing the insurer to cover endless legal costs across multiple cases will simply push his clients into bankruptcy.

What Happens Next

Chief Justice Tracey DeWare ruled that a case management judge will take over the lawsuits. This judge will handle the complex logistics of cases spanning multiple jurisdictions in New Brunswick.

DeWare ordered Boudreau to draft a formal motion by mid November to transfer the $4 million to the court. The parties will return to court on December 18 to discuss the next steps.

Background on the Structural Flaws

Concerns about Thériault’s engineering work surfaced in early 2024. A Halifax based engineer examined a Dieppe building under construction and found severe cracks in the concrete. He later reviewed other buildings designed by Thériault and concluded the structures faced a high risk of collapse.

Building owners had to install temporary shoring to keep the structures safe while they planned long term fixes.

The Association of Professional Engineers and Geoscientists of New Brunswick suspended Thériault in May 2024. In September, she admitted her incompetence caused a serious risk to public safety over multiple years. The association fined her $75,000 and permanently revoked her license.

Frequently Asked Questions

Who is Hélène Thériault?
She is a former structural engineer based in Moncton who operated Match Engineering. She lost her license after admitting her design work posed a serious risk to public safety.

Which buildings are affected by the flawed designs?
The lawsuits involve multi storey apartment buildings in Saint John, Dieppe, Shediac, and Miramichi, as well as an arena in Caraquet. A complete public list of all affected buildings does not exist.

How much money is available to fix the buildings?
The engineering firm has a $4 million insurance policy. Lawyers expect the total cost of the claims to far exceed this amount.

What happens if the insurance money runs out?
The lawyer representing the engineer stated that declaring bankruptcy is the next step if the legal and repair costs exceed the insurance coverage.