This thought is particularly for those who have all the answers.
If Sask Power is meeting the standard of an "ordinary prudent utility" in the maintenance and operation of its facilities; they will not offer compensation in the event of damages. The senior legal cousel for Sask Power argues that this is the way the legal system compensates for damages. In order for a party that has suffered damages to be entitled to compensation; there must be fault. Absent fault there is no compensation.
OK so not many people suffer the unfortunate situation of footing the bill for "Acts of God" that result in their house burning down or various forms of property loss that even Sask Power employees readily admit the personal damages came directly from the interaction of their power facilities and wind; lightning etc. spreading to other persons property. No one is talking any form of negligence in this discussion.
The matter is closed according to Sask Power; and in every one of the these instances; Sask Power is offloading all costs onto those few unfortunate people who happen to have these facitilies next to their property.
The answer isn't to have adequate insurance; because you could never have enough in some instances. For instance; voluntary fire department insurance. $1000.00 coverage wouldn't go far towards the recent $6000 bill from one fire department engine. Heck; the stubble fire didn't probably even get off the quarter section. It could have easily been a 4 digit bill, or something that can't be replaced could be involved..
The interesting thing is that the transmission line may have nothing to do with serving the party the damages occurred to. Even more interesting would be to see a squirril sitting on a Sask Power transformer; to then cause the Senior Legal Counsel's house to burn down; maybe shortly after he had let his fire insurance policy lapse.
There are fair ways for Sask Power to take resposibility for damages arising from the presence of their facilities. Some of these have been spelled out for the Corporation; but though the unfairness is acknowledged by everyone including the Chief Legal Counsel; nothing will be changed from within Sask Power.
Thus this is the final word from Sask Power; but not even the first word from the majority of you.
P.S. I'm not writing this in hindsight; no problems have directly affected me yet; although in the latest case the RM apparently footed the fire department bill for Sask Power; who stuck it on the doorstep of the RM to tack on the adjacent landowner's tax bill. I'm at a loss to see how the ratepayers are responsible for a fire totally well away from any municipal road allowance. Nor can I explain why the liability was allowed to slip from Sask Power's hands; or why the RM did not vigorously continue to pursue a proper solution.
One thing can be done. THE NEXT TIME SASK POWER NEEDS YOU SIGNATURE APPROVING OF FACILITY NEXT TO OR ON YOUR PROPERTY; PLEASE INSERT A CLAUSE IN WHICH SASK POWER WILL SAVE THE ADJACENT LANDOWNERS HARMLESSS FROM ANY DAMAGES ARISING FROM THE INSTALLATION OF THOSE FACILITIES. Be even smarter and only grant the permission as a "Right of Way" agreement and not as an "Easement"
Further comments would be gladly provided if anyone is interested. The real truth is that it probably hasn't happened to you personally.... yet; but if you think about it I'll bet you know of a story that proves exactly what I have stated above.
If Sask Power is meeting the standard of an "ordinary prudent utility" in the maintenance and operation of its facilities; they will not offer compensation in the event of damages. The senior legal cousel for Sask Power argues that this is the way the legal system compensates for damages. In order for a party that has suffered damages to be entitled to compensation; there must be fault. Absent fault there is no compensation.
OK so not many people suffer the unfortunate situation of footing the bill for "Acts of God" that result in their house burning down or various forms of property loss that even Sask Power employees readily admit the personal damages came directly from the interaction of their power facilities and wind; lightning etc. spreading to other persons property. No one is talking any form of negligence in this discussion.
The matter is closed according to Sask Power; and in every one of the these instances; Sask Power is offloading all costs onto those few unfortunate people who happen to have these facitilies next to their property.
The answer isn't to have adequate insurance; because you could never have enough in some instances. For instance; voluntary fire department insurance. $1000.00 coverage wouldn't go far towards the recent $6000 bill from one fire department engine. Heck; the stubble fire didn't probably even get off the quarter section. It could have easily been a 4 digit bill, or something that can't be replaced could be involved..
The interesting thing is that the transmission line may have nothing to do with serving the party the damages occurred to. Even more interesting would be to see a squirril sitting on a Sask Power transformer; to then cause the Senior Legal Counsel's house to burn down; maybe shortly after he had let his fire insurance policy lapse.
There are fair ways for Sask Power to take resposibility for damages arising from the presence of their facilities. Some of these have been spelled out for the Corporation; but though the unfairness is acknowledged by everyone including the Chief Legal Counsel; nothing will be changed from within Sask Power.
Thus this is the final word from Sask Power; but not even the first word from the majority of you.
P.S. I'm not writing this in hindsight; no problems have directly affected me yet; although in the latest case the RM apparently footed the fire department bill for Sask Power; who stuck it on the doorstep of the RM to tack on the adjacent landowner's tax bill. I'm at a loss to see how the ratepayers are responsible for a fire totally well away from any municipal road allowance. Nor can I explain why the liability was allowed to slip from Sask Power's hands; or why the RM did not vigorously continue to pursue a proper solution.
One thing can be done. THE NEXT TIME SASK POWER NEEDS YOU SIGNATURE APPROVING OF FACILITY NEXT TO OR ON YOUR PROPERTY; PLEASE INSERT A CLAUSE IN WHICH SASK POWER WILL SAVE THE ADJACENT LANDOWNERS HARMLESSS FROM ANY DAMAGES ARISING FROM THE INSTALLATION OF THOSE FACILITIES. Be even smarter and only grant the permission as a "Right of Way" agreement and not as an "Easement"
Further comments would be gladly provided if anyone is interested. The real truth is that it probably hasn't happened to you personally.... yet; but if you think about it I'll bet you know of a story that proves exactly what I have stated above.
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