BC Court of Appeal upholds decision setting terms of FortisBC’s liability in infrastructure work

On January 17, 2024, the BC Court of Appeal rejected an appeal from the City of Richmond (Richmond) to overturn a BCUC decision.

The matter concerned an agreement between FortisBC Energy Inc. (Fortis BC) and Richmond for the utility to move its natural gas pipelines facilitate Richmond’s upgrades to its drainage sewer, water main, and sanitary system. The BCUC had previously resolved a dispute between the two parties, and set out the terms on which the work would be done.

Richmond then requested that the BCUC reconsider its decision, particularly with respect to a limitation of liability clause which the BCUC had ordered. The BCUC denied this reconsideration request.

Richmond’s appeal challenged the BCUC’s authority to impose the limitation of liability clause. The BC Court of Appeal rejected Richmond’s appeal.

Fasken acted for FortisBC with a team comprised of Geoffrey Cowper, Matthew Ghikas, and Tariq Ahmed.