Rzepka v. FortisBC Energy Inc.
Andrew Erwin Rzepka
Law Firm / Organization
Not Specified
Lawyer(s)

A. Rzepka

FortisBC Energy Inc.
Law Firm / Organization
MLT Aikins LLP
Lawyer(s)

Lindsay Morrison

Background: The case "Andrew Erwin Rzepka v. FortisBC Energy Inc." centered on disputes over gas service and billing. Andrew Erwin Rzepka, the plaintiff, claimed FortisBC incorrectly and fraudulently billed him and alleged the gas meter was faulty and hazardous.

Legal Arguments/Issues:

  1. Billing Practices: Rzepka argued FortisBC’s billing was fraudulent, violating the Business Practices and Consumer Protection Act and Canada Consumer Product Safety Act by providing a faulty meter.
  2. Meter Safety: Concerns were raised about the meter's safety, claiming it was a hazard due to condensation and corrosion.
  3. Compensation Claims: Rzepka sought damages for the costs incurred to switch to electric appliances and additional damages for mental anguish and punitive reasons.

Held: The court found no evidence that FortisBC engaged in deceptive practices. The meter issues reported by Rzepka did not constitute a safety hazard, and there were no breaches of duty by FortisBC. The contractual relationship, governed by FortisBC's terms and conditions, was upheld, and Rzepka's claims were dismissed.

Costs and Awards: FortisBC was successful in their defense, and the court awarded them costs of the application at Scale B, though specific total amounts were not detailed in the document.

Supreme Court of British Columbia
S251836
Tort law
Defendant