Tims reopens in hospital months after PMH lawsuit

Tim Hortons reopened its location at the Brandon hospital early Monday morning after Prairie Mountain Health sued the chain’s licensing company earlier this year, alleging it is responsible for flooding in walls that caused mould in a dialysis unit and boardroom.

Around 2:30 p.m. on Monday, about six people waited in a lineup that remained steady throughout the afternoon.

More than 30 people were sitting in the lounge area — most of them sipping from a Tim Hortons cup with a box of Timbits open in front of them.

“From early-morning coffees to holiday pick-me-ups, we can’t wait to welcome back patients, visitors and our incredible health care heroes with big smiles and Christmas spirit,” Tim Hortons Westman and Area said in a recent Facebook post.

The location at the Brandon Regional Health Centre shut down for “repairs and renovations” on Sept. 11, the Tim Hortons outlet announced on Facebook a day before the kiosk closed.

“Our team is working hard to get the doors back open, and we can’t wait to welcome you into our refreshed space soon,” the post said.

The Tim Hortons outlet closed seven months after Prairie Mountain Health filed a lawsuit on Feb. 6 in the Manitoba Court of King’s Bench against the TDL Group Corp., the licensing company for Tim Hortons.

The TDL Group Corp. filed a statement of defence on June 27, denying it was negligent or had breached the sublease agreement.

The health authority’s lawsuit alleges the fast-food chain failed to monitor and inspect a leak and uphold its end of the lease agreement, including keeping the premises in good condition and repair, resulting in “significant” costs.

The claim alleges Tims Hortons did not take reasonable steps to mitigate the damage the leak was causing and failed to warn the regional health authority of the leak.

A maintenance manager employed by Prairie Mountain Health found water in the basement, directly beneath the hospital’s dialysis unit, in April 2024, the lawsuit said.

It said the health authority notified a representative of TDL Group Corp. and hired a contractor a month later to repair the damage in both rooms.

An investigation found there was mould on the west wall of the dialysis unit and mould and water damage on the south wall of a hospital boardroom, which both share walls with the kiosk, the claim said.

The contractor hired a plumber who came to the kiosk in July 2024 and confirmed leaks were coming from a drain hub along the east wall of the Tim Hortons kiosk, where multiple drain lines fed into, the lawsuit said.

It said the plumber also found leaks in the drain line for an ice maker that was smaller than the required size and leaks near a sink and under a second ice maker.

A forensic engineer examined the kiosk in November that same year and said the water leakage had occurred over time due to “improper installation or maintenance of several pieces of equipment,” the claim said.

The flooring was not sealed to the wall trim at the base of the wall, which led to water damage, it alleged.

“The engineer concluded that the most probable cause of the observed water damage was prolonged exposure to water leaking from multiple locations in the Tim Hortons kitchen and serving area,” the lawsuit said.

The health authority asked for funds to cover the cost of repairs, which wasn’t disclosed in the lawsuit.

Prairie Mountain Health declined to comment on the matter on Monday, including details on whether the lawsuit had been settled or if the court proceedings are ongoing.

The defence lawyer for TDL Group Corp. also declined to comment on the status of the lawsuit when contacted on Tuesday.

In its statement of defence, TDL Group Corp. said the water damage originated in the dialysis room as a result of “multiple spills over the years.”

“The defendant, at all material times hereto, complied with its duties and obligations under the sublease agreement and no act or omission on the part of the defendant caused or contributed to the source of water that allegedly caused the water damage,” the court document said.

TDL Group Corp. denied that any equipment in the Tim Hortons kiosk was improperly installed or maintained in a manner that caused or contributed to the water damage and said the regional health authority is responsible for the flooring in the sublease agreement.

The defendant alleges Prairie Mountain Health conducted “certain demolition” without notice, affecting Tim Hortons’ ability to properly investigate the source of water.

TDL Group Corp. “relies on the doctrine of spoilation of evidence” and said the lawsuit should be dismissed.

Tim Hortons has been located at the Brandon Regional Health Centre since 2004 and is operated by Rhonda and Craig Pardy.

The Brandon Sun reached out to Rhonda Pardy on Monday, but she did not respond to a request for comment before press time.

» tadamski@brandonsun.com