What is the test for establishing a flood control scheme in a public utility?
Saskatchewan, Canada
The following excerpt is from Bird's Point v. Stendahl, 1986 CanLII 2957 (SK QB):
The section exhausts the kind of services the applicant may provide through the medium of a public utility. Works for flood control is not among them. (Clause (1)(g) is not a factor here). Nor, in my view, is the power to establish such works included by necessary implication. See Attorney General for Saskatchewan v. Plante, 1981 CanLII 2084 (SK CA), [1981] 4 W.W.R. 284; 9 Sask. R. 23.
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