Background:
Mark Geiger and Rita Geiger, owners of 211.66 acres of land and additional parcels in Regina, Saskatchewan, alleged that the Saskatchewan Power Corporation (SPC), a Crown utility, partially expropriated their land for a power line without fair compensation. The expropriation allegedly caused development issues, including the need for costly subdivision fencing.

Legal Issues:
SPC applied to strike portions of the Geigers’ claim, arguing they lacked reasonable causes of action or were frivolous. The disputes included:

• Overhead Powerline Claim: SPC claimed immunity for overhanging power lines under section 33 of The Power Corporation Act (PCA), and the court struck this portion of the claim.
• Fence Costs Claim: Geigers argued the expropriation required an $800,000 concrete fence for regulatory compliance. SPC argued the fence was unrelated to the expropriation, but the court allowed the claim to proceed.
• Nuisance Claim: The Geigers claimed SPC’s expropriation caused unreasonable interference. SPC invoked immunity under the PCA, but the court found the claim arguable.
• Disturbance Damages Claim: Costs for redevelopment were contested. The court allowed the claim, noting disturbance damages were potentially compensable.
• Injurious Affection Claim: The court declined to strike claims related to reduced land value, citing unresolved legal questions.

Outcome and Costs:
The court struck one paragraph but dismissed the majority of SPC’s application. No monetary award was determined, and no costs were awarded due to SPC’s limited success.