More than 100 B.C. residents remained without power September 2, four days after the peak of the weekend wind and rain storm, which put about 533,000 people without electricity at its peak.
The multi-day power outage for thousands prompted plenty of anger on Twitter and calls for BC Hydro to compensate those affected for spoiled food.
Any attempt to join together and launch a class action lawsuit, however, has its challenges, according to class action lawyer and Kieran A.G. Bridge Law Corp. principal Kieran Bridge.
He said that a stumbling block could be legislation approved by the British Columbia Utilities Commission (BCUC) and known as the BC Hydro tariff.
“I would expect BC Hydro will point to provisions in its tariff that might limit its liability when the power goes out,” Bridge said.
Indeed, BC Hydro told Business in Vancouver that there is no absolute guarantee of service and that the tariff indeed limits liability in part because the company is a rate-regulated utility so anything that it spends or any compensation that it doles out would have to come from other rate payers.
Another obstacle to winning a class action would be to prove fault and Bridge listed some fundamental questions that would be considered were a suit launched.
“Why did the power go out?” he asked.
“Was it BC Hydro’s fault? No. It was a wind storm. Was the problem the delay in getting the power reconnected? Whose fault is that? Did they do everything reasonably possible or didn’t they?”
