SteveCo Construction Ltd. v Saskatchewan Power Corporation
SteveCo Construction Ltd.
Law Firm / Organization
Not Specified
Lawyer(s)

Peter Abrametz

Steven Leslie Mitchell
Law Firm / Organization
Not Specified
Lawyer(s)

Peter Abrametz

Saskatchewan Power Corporation
Law Firm / Organization
McKercher LLP
Lawyer(s)

Jason M. Clayards

The Government of Saskatchewan
Law Firm / Organization
McKercher LLP
Lawyer(s)

Jason M. Clayards

Case Overview:
The case involved a fire that destroyed the plaintiffs’ property. The plaintiffs alleged negligence by SaskPower, claiming the fire was caused by its employees working on a nearby power line.

Key Legal Issues:

  1. Statutory Immunity: SaskPower argued it was immune under s. 3(2.1)(b) of The Power Corporation Act, which shields it from liability for damages occurring beyond the "point of delivery" of electricity.

  2. Contractual Immunity: SaskPower relied on s. 14.1 of its Terms and Conditions, limiting its liability except in cases of gross negligence or willful misconduct.

  3. Causation: The plaintiffs claimed the fire was caused by a power surge due to SaskPower’s negligence. SaskPower denied this and argued the fire originated beyond its electrical distribution system.

Court's Findings:
The court upheld SaskPower’s immunity, concluding that the "point of delivery" was the splitter box, as agreed contractually in 2008. The plaintiffs failed to prove gross negligence or willful misconduct. Expert evidence favored SaskPower, indicating the fire did not result from electrical failure. The plaintiffs’ evidence was deemed inadmissible or unpersuasive.

Costs and Outcome:
The appeal was dismissed, and costs of $2,000 were awarded to the successful party, SaskPower.

Court of Appeal for Saskatchewan
CACV4172
Tort law
$ 2,000
Respondent