Saskatchewan snowmobiler killed after striking guy wire attached to power cable
The Saskatchewan Court of Appeal has ruled that the Saskatchewan Power Corporation’s (SPC) failure to warn snowmobilers of a guy wire was not a wilful act that established liability or breach.
In Abbott v Saskatchewan Power Corporation, 2022 SKCA 23, Tracy George Abbott was killed when he struck a guy wire attached to a SPC power cable while operating his snowmobile. Tracey Joan Abbott and the estate of Tracy George Abbott (the Abbotts) sued SPC for negligence and public nuisance, claiming that it failed to adequately warn snowmobilers of the guy wire. The Abbotts later applied for summary judgment on the issue of liability.
While SPC acknowledged that it had a duty of care to Abbott, the chambers judge ruled that the Abbotts failed to prove that SPC committed a wilful act that gave rise to liability in negligence. Even if liability was proven, the action would still be dismissed because the injury arose solely through Abbott’s own negligence, said the judge.
The Abbotts appealed, arguing that the omission to warn of the danger of the guy wire constituted a wilful act under the Snowmobile Act, RSS 1978, c S-52.
The appellate court disagreed.
“The Act has modified the common law duty of care insofar as snowmobile injuries are concerned in Saskatchewan” and the guy wire was installed in accordance with then-current industry standards, said the court. Further, contrary to the Abbotts’ arguments, SPC provided evidence as to its practice of regular inspection and maintenance of the guy wires, said the court.
“Even if there had been a failure to maintain the pole and guy wire, it was at best an omission that would not have met the requirements of a wilful act,” said the court.
