The appellant, Enbridge Gas Distribution Inc., appealed a Small Claims Court decision dismissing its claim for damages against the respondent contractor who ruptured a gas main while excavating with a backhoe.
The trial judge had found no liability, reasoning that the gas main was not buried at the required depth and a utility locate would not have prevented the incident.
The Divisional Court allowed the appeal, finding the trial judge made palpable and overriding errors.
The respondent breached his statutory duty and standard of care by failing to obtain a locate before digging, which was the sole cause of the damage.
Judgment was granted in favour of the appellant for the repair costs.
