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Konstantin Ashkinadze, P.Eng.
Consulting Engineer ("Konstantin The Engineer")
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LEGAL Representation
K-The-Eng and its specialists are experienced and versed in representation of their clients in legal disputes and insurance claims arbitration. The following describes our past case involvement:
- Yacyshyn v. Etcheverry et al. (2020-2024; an Alberta Court of King's Bench action.) In this case, we were retained to develop a proposal to repair a foundation that the plaintiff claimed was ruined by the construction of the adjacent infill house by the defendants. Using our specific knowledge of the subject, we not only substantially reduced the amount of claim, but also markedly strengthened the respective expert witness's testimony on the technical side. As a result, the case was settled to the benefit of the defendants.
- Hamdan v. Crawford & Company (2020; an insurance dispute arbitration). The insurance company denied the homeowner's claim for reimbursement due to a flood in the basement causing a major foundation settlement. Acting as the Expert Witness on the claimant's side against the insurer's hired forensic engineer, we built a strong enough testimony to secure a partial reimbursement of our client's losses.
- Kent and Tomsky v. MacDonald, MacEachen and White (2011-2019; an Alberta Court of Queen's Bench action). This became a landmark case in Alberta on the subject of the extent of engineer's standard of care and liability (Re: How an Engineer Failed to Spot a Major Basement Water Problem). The Justice specifically mentioned in her decision that she largely based it on Konstantin Ashkinadze's testimony as the Expert Witness on the plaintiff's side due to his previous service in APEGA Practice Standards Committee. The case resulted in a decisive victory of the Plaintiff, with the full amount of their claim granted.
- Mathieson v. Abarent Construction et al. (2009-2013; an Alberta Court of Queen's Bench action). In this action, we were one of the defendants. Choosing to be self-represented, we filed an interlocutory application to revoke the Litigation Privilege of the countering engineering consultant's report. The application was granted, which became a case law precedent in Alberta because previously, there were no such precedents in the engineering field. The case was eventually settled with all allegations against us dropped.
- Emelyanov v. Challenger Homes Inc. 2009; an Alberta New Home Warranty arbitration). The newly constructed house had multiple framing deficiencies. Representing the homeowners against the builder and their engineering consultant, we secured a decisive victory. The builder agreed to buy the house back from the homeowners with full reimbursement of their expenses.