Man claims FortisBC line misplaced on map, still must pay for damaging it
A homeowner who accidentally struck a FortisBC gas line with an excavator has been ordered to pay for the repairs, despite arguing he had received an erroneous map of the line's location.
The incident was the latest in a string of similar cases heard by B.C.'s small claims tribunal, each prompted by someone failing to obtain approval before digging into their property – a crucial step that's both free and mandatory in many outdoor projects.
The Civil Resolution Tribunal heard Brent Hunniford broke ground with a rented Bobcat in May 2020, even though he hadn't contacted BC 1 Call for clearance.
"In doing so, Mr. Hunniford hit the gas line and damaged it," tribunal vice-chair Shelley Lopez wrote in her decision, which was posted online this week. "None of this is disputed."
But Hunniford argued he shouldn't be on the hook for repairs because he had received a map from a contractor showing where the gas line was supposed to be, and was not digging in that location.
Lopez found the issue was moot – at the end of the day, digging in the vicinity of a FortisBC line requires calling ahead.
FortisBC said repairing the damage cost $4,577, though the utility provider did not submit a breakdown of the charges to the tribunal, something Lopez noted "would be fatal" to its claim under normal circumstances.
But because Hunniford did not dispute the figure, Lopez accepted the total and ordered that the homeowner pay it in full.
Since he had previously made $700 in payments to FortisBC for the damage, Hunniford was told to pay another $3,877, along with $23 in interest and $175 in tribunal fees.
Under the law, homeowners are required to file a request with BC 1 Call at least three business days before digging, then wait to receive clearance to proceed. They can do so online or by phoning 1-800-474-6886 between 7 a.m. and 5 p.m. on weekdays.
The FortisBC website advises homeowners to call before proceeding with any major projects, such as installing a deck or fire pit, and even those as minor as "just planting a few perennials."
CTVNews.ca Top Stories
Quebec nurse had to clean up after husband's death in Montreal hospital
On a night she should have been mourning, a nurse from Quebec's Laurentians region says she was forced to clean up her husband after he died at a hospital in Montreal.
'Anything to win': Trudeau says as Poilievre defends meeting protesters
Prime Minister Justin Trudeau is accusing Conservative Leader Pierre Poilievre of welcoming 'the support of conspiracy theorists and extremists,' after the Conservative leader was photographed meeting with protesters, which his office has defended.
Bank of Canada officials split on when to start cutting interest rates
Members of the Bank of Canada's governing council were split on how long the central bank should wait before it starts cutting interest rates when they met earlier this month.
Northern Ont. lawyer who abandoned clients in child protection cases disbarred
A North Bay, Ont., lawyer who abandoned 15 clients – many of them child protection cases – has lost his licence to practise law.
'My stomach dropped': Winnipeg man speaks out after being criminally harassed following single online date
A Winnipeg man said a single date gone wrong led to years of criminal harassment, false arrests, stress and depression.
What is changing about Canada's capital gains tax and how does it impact me?
The federal government's proposed change to capital gains taxation is expected to increase taxes on investments and mainly affect wealthy Canadians and businesses. Here's what you need to know about the move.
Police tangle with students in Texas and California as wave of campus protest against Gaza war grows
Police tangled with student demonstrators in Texas and California while new encampments sprouted Wednesday at Harvard and other colleges as school leaders sought ways to defuse a growing wave of pro-Palestinian protests.
Something in the water? Canadian family latest to spot elusive 'Loch Ness Monster'
For centuries, people have wondered what, if anything, might be lurking beneath the surface of Loch Ness in Scotland. When Canadian couple Parry Malm and Shannon Wiseman visited the Scottish highlands earlier this month with their two children, they didn’t expect to become part of the mystery.
Pilot reported fire onboard plane carrying fuel, attempted to return to Fairbanks just before crash
One of the two pilots aboard an airplane carrying fuel reported there was a fire on the airplane shortly before it crashed and burned outside Fairbanks, killing both people on board, a federal aviation official said Wednesday.