Our firm has been defending excavators across the Greater Toronto Area in cases alleging damages.

Our firm has been defending excavators across the Greater Toronto Area in cases alleging damages.

At times the locate reporter breaches its statutory obligation to accurately locate, report, designate and/or identify the location of the  cable/pipes and/or in the alternative the property owner failed to provide accurate information to the locate.

such damages were a result of the plaintiff’s failure to install and/or maintain the cables improper manner so as to render their condition susceptible to damage or wear without the necessity of interaction with the defendant and/or any other third party interference and contact.

 

Legal Issue:

Excavations

  1. (1) Any person who intends to excavate shall, at least 3 days excluding Saturday,

Sunday and holidays before excavating, request from the gas company serving that

area, or its agent, information on the location of all underground gas installations in

the vicinity of the proposed excavation.

(2) Where a person who intends to excavate is aware that a gas installation is in the

vicinity of the proposed excavation, he shall notify the gas company operating in that

area of his intent to excavate at least 3 working days, excluding Saturdays, Sundays

and holidays, before commencing operations.

(3) A gas company shall provide the information requested under subsection (1)

within 3 working days, excluding Saturdays, Sundays and holidays.

 

Excavator operator

  1. No person who excavates under the direction or supervision of another person

shall commence excavation until he ascertains that a request for information under

section 13(1) was made which revealed no gas installation in the vicinity.

Excavator operator

  1. No person who excavates under the direction or supervision of another person

shall commence excavation where a request under section 13(1) has disclosed that

there is a gas installation in the vicinity unless the location of the installation has been

indicated under section 16 …

Hand digging to confirm location

  1. The indicated location of gas installations shall be confirmed by the excavator by

means of hand digging and he shall expose the gas installations at a sufficient

number of locations to determine their exact positions and depths before using

mechanized excavation equipment for any purpose other than breaking the surface

cover.

 

No probing

  1. No person shall probe with pointed tools to locate gas installations. (The italics

 

 So all hope is not lost and if you would like assistance navigating the complicated issues in the hope of avoiding the stresses of obtaining the results contact us either by phone or email at; 905-361-0172 or info@mississaugaparalegal.ca