CONSUMER AGREEMENTS — Implied conditions and warranties — Quality of services — Exemplary or punitive damages

Law360 Canada (June 18, 2024, 11:45 AM EDT) -- Claim by Rzepka for a sum of money and damages against FortisBC Energy Inc. ("FortisBC"). Rzepka experienced a service disconnection for refusing to pay a disputed bill for gas usage. Rzepka alleged that FortisBC incorrectly and fraudulently billed him and that their gas meter ("Meter") was not functioning properly and created a hazard at his home. He claimed that FortisBC breached its duty of care and fiduciary duty and sought all his out-of-pocket costs as relief plus damages. FortisBC, a utility company responsible for the delivery of natural gas to Rzepka's residence, sought to dismiss Rzepka's claim due to insufficient evidence that it erroneously and fraudulently billed him or created a hazard at his home. It claimed it did not owe him any fiduciary duty due to its strictly contractual relationship and his non-payment of the outstanding account breached their terms and conditions. Further, FortisBC contended that damages were not warranted in the circumstances and that Rzepka's decision to convert from gas to electric power caused the losses, damages, or expenses allegedly suffered....
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