Case # 34991
Peracomo Inc., et al. v. Telus Communications Company, et al. (November 15, 2013)
The appellant Réal Vallée is a fisherman who operated the fishing boat Realice in the St. Lawrence River between Baie Comeau and Rivière à Claude. The area where the appellant operated his fishing boat was designated “Zone 17.” At the time of the incident the appellant was 58 years of age and had been fishing since the age of 15. The appellant is the sole shareholder and president of Peracomo Inc. which owns the fishing vessel Realice.
In 2005, Mr. Vallée was fishing for crab when one of his anchors snagged an obstacle which turned out to be a cable known as the Sunoque I. The respondents Telus Communications Company and Hydro Québec co own the Sunoque I while Bell Canada has a right of use in it. Mr. Vallée saw a map in a local museum which showed a line drawn running through his fishing area which had “abandonné” written on it by hand. When he snagged the cable again in 2006 he believed that the cable was abandoned and proceeded to cut the cable with a circular electric saw. The Telus respondents thereafter filed suit against the appellants to recover the costs to repair the severed cable.