Self-represented brothers who aired their grievances in court about BC Hydro replacing a power pole more than a decade ago lost their case on Thursday, Dec. 19.
James and Michael Cavanagh had accused BC Hydro of damaging their driveway and culvert by removing an old power pole and placing a new one too close to a creek, thus endangering fish. For that, Michael Cavanagh told the court, BC Hydro should be fined $4 million to $11 million.
“The plaintiffs have not proven on a balance of probabilities that the damage to the driveway was caused by BC Hydro or even when the damage to the driveway occurred,” Tindale wrote.“James Cavanagh testified that his heart and soul were damaged by the actions of the defendant. He does not understand how they approved this theft from him,” Tindale wrote.
Under cross-examination, Simpson said it was not a common practice to replace a pole in the same hole as an existing one, “though that does occur on occasion.” Crews try, however, to set a new pole in place “as close to the old pole as possible without disturbing ground.”
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