In 2006, the city hired Alberco Construction to rehabilitate the northbbound bridge and apply industrial paint to prevent rust.
Clara Industrial was contracted to paint the bridge using paint from Termarust Technologies Inc.
Clara Industrial and Termarust provided the city with a five-year warranty on the work.
According to court documents, the paint was expected to last 20 to 25 years, but began deteriorating within a year.
By 2008, it became apparent there were defects and deficiencies in the paint. By late 2011, the city called on the companies to honour the warranty and repair the work.
Clara Industrial and Termarust blamed each other for the deficiencies in inspection reports. Both companies indicated they would not assume responsibility for repairs until the cause of the problem was determined.
In 2013, the city sued Clara Industrial and others involved in the project. In its statement of claim, the city sought an estimated $10 million in loss or damage, plus special damages of $250,000 associated with investigating the paint failure.
In 2018, Clara Industrial sought to have the case dismissed due to procedural delays. In June 2023, Court of King's Bench Justice Kent Teskey allowed the appeal, dismissing the city's case against Clara Industrial.
Teskey found that significant delays in advancing the case — and missed steps in the legal proceedings — may have resulted in the loss of critical evidence and documentation.