EDMONTON, Alberta — A contentious legal battle has unfolded between the historic Roxy Theatre and its neighboring building after construction activities allegedly caused damage to the adjacent structure. The neighboring property owner claims in a lawsuit that the theatre’s construction efforts led to physical damage during the Roxy’s rebuild following a devastating fire in 2015.
Last month, a ruling by Alberta Court of King’s Bench Justice Donald Lee denied the Roxy Theatre an easement that would have allowed access to the neighboring property to complete construction of its still unfinished south wall. The decision has intensified tensions, sparking a complex legal dispute involving claims of property damage and unauthorized excavation.
The plaintiffs, CSIC Services & Holdings, who own the building directly south of the Roxy—which houses businesses including Meuwly’s Artisan Food Market, Washoku Bistro, and Golden Sparrow—allege that the theatre’s rebuilding efforts have compromised the structural integrity of their property. The building, a fixture in the area for over four decades, reportedly suffered from cracks and a shifting north wall due to excavation work allegedly conducted without permission.
CSIC’s claim highlights multiple parties in the lawsuit, naming not only Theatre Network but also Chandos Construction, Kichton Contracting, GeoPacific Consultants, Profound Construction, and the City of Edmonton as defendants. The lawsuit details that unauthorized entry onto CSIC’s property resulted in excavation beneath the building’s foundation, which was supposedly conducted improperly.
The filing demands reparations, asserting that CSIC seeks $150,000 in general and punitive damages, a declaration of trespass, and a court order to restore their building to its original condition. Further complicating matters, the lawsuit claims city officials failed to act to prevent the alleged trespass and damage, despite being aware of the situation.
Peter Keith, co-owner of Meuwly’s, has expressed the difficulties faced by businesses in the CSIC building due to the adjacent construction. Keith noted the emergence of significant cracks along the north wall during the theatre’s excavation process, although he and his business are not direct parties to the litigation.
On the other side, both Theatre Network and the associated construction companies refute the accusations, arguing for the dismissal of the lawsuit. They deny any wrongdoing and claim diligent care was taken not to encroach on CSIC’s property. Moreover, the theatre argues that parts of the CSIC building, including its footings and other elements, have encroached upon Roxy’s property.
The City of Edmonton has also denied liability, stating its actions were conducted in good faith and in alignment with municipal regulations under the Safety Codes Act. They claim immunity from civil responsibility in this case.
As the courtroom battle looms, with proceedings expected to extend over 25 days if it goes to trial, the core issue of how urban space is navigated during redevelopment remains under the judicial microscope in Edmonton.
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