Project X Productions was hired in April of that year to perform the installation of Mosaika, a sound and light show on Parliament Hill.
The company was required under the contract to “deliver, install, maintain, operate, dismantle and transport technical equipment,” according to a notice of application filed by the NCC to the Ontario Superior Court of Justice.
As Project X was installing cable looms, a woman named Hazel McMullin allegedly tripped over some equipment and later filed a lawsuit against the NCC and Project X for damages, according to court documents.
But the contract “stated that Project X was required to indemnify and save harmless the NCC in relation to any incidents arising from Project X’s actions in performing the work or as a result of the work,” the notice reads, adding that the contractor refused to come to the NCC’s defence and pay its legal fees.
The NCC is seeking reimbursement for all legal costs resulting from the incident.
Project X continued to carry out its contract with the NCC and was rehired for the 2011 season as well, according to NCC spokesperson Jean Wolff.
“They are one of very few companies in this area with that experience, and they do a very good job,” he said.
The current contract will be completed at the end of the season, at which time the NCC will go out for tender for the following year.
Court documents did not specify the amount of financial damages being sought through the courts. Mr. Wolff declined to provide the financial amount the NCC is seeking from Project X.
A court date is set for Sept. 20.