Appellant
Respondent
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:
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.
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.
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
Court of Appeal for SaskatchewanCase Number
CACV4172Practice Area
Tort lawAmount
$ 2,000Winner
RespondentTrial Start Date
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