Regina man who argued SaskPower was negligent for cutting electricity loses in court

A Regina man has lost in provincial court after accusingSaskPower of negligence for cutting power to two of his properties.

Alfred Vogel owns two duplex units on Osler Street and had a property manager caring for them, according to a decision released Aug. 21.

He alleged that SaskPower discontinued electrical service to the properties during cold weather conditions negligently or in breach of contract.

The man said that this resulted in frozen water pipes, water leakage and damage to the walls, Gyprock, insulation, ceilings and flooring of one of the units.

He said the cost to repair the damages would be $32,240.89 and in court claimed $30,000 from SaskPower.

SaskPower said that according to their contractthe owner was obligated to pay the full amount of every bill for electrical services, and argued that if a customer fails to pay, they are subject to collection activities, including termination of services.

The corporation argued that the customer knew he had $1,147.77 owing in arrears in relation to one unit, and $843.62 owing in arrears for another, but chose to put off or ignore the bills.

The owner said he didn't knowSaskPower could cut off his electrical service, he never received notice it would happen and was not told when power had been cut off.

Jolene Belliveau, an acting manager at SaskPower, told the court that if an account is outstanding or in arrears, customers are informed in writing and the consequences of non-payment are explained.

She said the next step is to call both the person's home number andcell number and explain that power may be disconnected.

According to SaskPower records, the company called the customer on July 2, 2018.

If the first phone call does not result in payment, then the company calls again to say that if the bill isn't paid within 48 hours, electrical power will be disconnected.

SaskPower's records show that an employee left a message on the customer's phone on Aug. 15.

If payment is still not made, the company will send a request for an employee to disconnect power. That request was submitted Sept. 24.

The customer contacted SaskPower on Oct. 16 and said he had paid one of his bills but had insufficient funds to pay both. He was told that the bills had to be paid in full.

If no payment is made at that point, power can be cut, according to SaskPower protocol. Company records show the electrical supply was cut on Oct. 23, 2018, without further notice to the customer.

Cutting power when it's cold

Because of the cold weather in Saskatchewan, SaskPower only cuts off electrical supply entirely between April 1 and Oct. 31 every year. If power has to be cut in the winter, SaskPower instead reduces the electrical supply to that home, by using a load limiter, which allows sufficient supply to allow a furnace to run.

A load limiter is not used if power is cutbefore Oct.31 because SaskPower believes that the account holder has time to winterize that home and protect it from the consequences of not having electricity.

Following a cold snap running from Nov. 16-18, the owner said he entered one of hisunits and found significant damage caused by burst pipes and accumulated water.

Judge Paul Demong found that SaskPower had every right to disconnect the electrical supply because the customer knew that his account had been in arrears for some time.

"I am satisfied that he knew, or certainly ought to have known, following SaskPower's several notices and telephone contacts with him that a failure to keep that account current might result in termination of service," Demong said. "[SaskPower] acted professionally, sent timely notices and fully explained, when requesting payment, the consequences of non-compliance with those requests for the payment.

"I can find no breach of contract, nor can I conclude that SaskPower was negligent."

SaskPower sought five per cent of the damages claimed by the customer, equal to $1,500. The judge said there was no merit to the claim against SaskPower. It awarded SaskPower $1,000 plus the $50 it cost to file its reply.

SaskPower procedures:

• According to SaskPower terms and conditions, customers are responsible to pay the full amount of any bill by the due date specified.
• Customer accounts in arrears 45 days or longer may be subject to collection activity.
• Electrical service may be reduced or disconnected until the full payment is made or an acceptable payment agreement has been agreed upon.
• The corporation is not liable for failure to supply electrical energy or gas or for any injury, loss or damage as a result if the company follows reasonable standards of care.