Lawsuits

 

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[BC] June 01, 2017 – http://www.cbc.ca/news/canada/british-columbia/small-claims-cases-in-b-c-to-be-resolved-online-1.4032409  (Many have concerns with BC Hydro that could result in a Small Claims Court complaint. Now it will be easier:  Associated costs as of Nov. 2016 are at  http://www.bclaws.ca/civix/document/id/complete/statreg/261_93_05#ScheduleA  but these might change if all work is done online.)

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[Ohio, USA] http://www.stopsmartmetersbc.com/wp-content/uploads/2017/03/COMMA-News-Release-Ohio-Cities-to-Challenge-Wireless-Facilities-Law-Mar.20-2017.pdf  &

March 20, 2017 http://www.cleveland19.com/story/34952903/mayor-jackson-to-address-lawsuit-against-wireless-equipment-bill

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Florida Class Action Lawsuit for Smart Meter Damage Claims by Karen Santiago:
(go down to 4) & Letters)
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http://www.stopsmartmetersbc.com/wp-content/uploads/2017/03/Swankin-TurnerLetter-of-Inquiry-to-FCC-re-Representations-on-FCC-Website-re-Cell-Phone-Exposure-Limits-EnforcementSept.09-2016.pdf

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28 thoughts on “Lawsuits”

  1. How may I join the class action suit?
    Where can I find info on the results of not paying the extra cost for keeping my old meter?
    Has BC Hydro cut off the power of anyone not paying the extra cost?

    1. I think that there is a website dedicated exclusively to the class action lawsuit, there is either a link on here or on the Citizens for Safe Technology site explaining this.
      With regards to not paying the monthly fee and what may happen I cannot answer that. As far as I know nobody has said anything about their power being cut for not paying the fee. I would assume that if you did not pay it they would just add up the unpaid charges and add that to the bill like they would if you were behind in paying the rest of your bill. Eventually they could cut you off, whether they would or not is another story.

      1. I have been without electricity since Oct 2014 because I did not pay the $32.40 plus taxes per month and I am still holding on. Lots more to this story naturally and the electrical consumers of BC are all adults over the age of 18 years so they can ascertain what is going on but what are they going to do about it is up to individuals acting as a collective. All the best.

        1. How are you making out without electricity? Do you have a generator, wood stove, solar panels? I admire your determination and would love to hear more about your story so I could share with others. Many are continuing to pay the extortion, and I am hoping to fight to get these things recalled and all fees refunded. They never should have been allowed to be on our homes.
          I hope you will tell me more. Please email me at director@stopsmartmetersbc.com.

          Sharon

    2. I am sorry but it seems that no one answered your question. I do apologize.
      You can join the lawsuit very simply. I would suggest you go to http://www.bcsmartmeterlawsuit.ca and read the lawsuit so you know what you would be joining. There is a link there to the form you will have to sign and mail in.
      Anyone who is upset about having their smart meter, or wishing to keep their analog can join. We hope you will join. This is an action to demand respect for our civil rights as guaranteed by the Charter for Rights and Freedom.

      Sharon Noble
      Director, Coalition to Stop Smart Meters

    3. Yes, they disconnected me on November 19th, 2014 at a daytime high of – 2 c, over $289.95 of unpaid extortion fees.

      I have paid for all the electricity I used.

      1. I am sorry to hear about the abuse you are receiving from BC Hydro. My neighbour an elderly veteran was disconnected on or about Nov 21, 2014 he refused to pay the extortion fee also. The foundation I volunteer with filed a suit in small claims just days before the disconnection, well I go to the settlement conference on Thursday July 23, 2014, if you wish I will add your name to my clients list. I am not a lawyer I just “love bullies and I can eat a whole one” lets unite and teach BC Hydro a lesson
        If you are interested call me 250 269 7570, I am on dial up for internet so if the line is busy try mrdoll@telus.net

  2. Copyright Act?
    There is an Alberta farmer who makes a claim that he has created art on his land. Being a work of Art, he successfully argued that oil pipelines need to ask him permission in order not to infringe on his legal rights – and he charges them an hourly fee to carry on discussions.
    I am living my life as a work of Art. Data generated by my actions belong to me. I claim the exclusive right to share or withhold them with others. My personal data, derived from Smart Meters is mine, as part of the Art work of my life. I have not given permission for anyone to use it, including BC Hydro.

    1. Hi how has this worked for you? I am retired and have a copyright for my art work and graphics from 1989 with a different name. (maiden) Also have another copyright and trade mark as of oct.2014. Since my retirement I have been trying to get into painting and have been so stressed out. I’m paying extortion fees which leaves little left for new canvasses. With these murder meters all around me, they make me tired all the time.

  3. Hi,

    Sorry if I missed it elsewhere but is there an update regarding the lawsuit? IIRC it was to be underway by now. No?

  4. We run our own historic micro hydro system for 19 years with a private 750 ft span to the grid, billed a few dollars connection fee per month . Since I was talked/forced into installing this evil meter we face not only huge bills but also inexplicable incidents with the power system, injuries within 10 m, strange animal behaviors, computer and phone systems problems (Telus has no clue), dying trees, not functioning what functions for 2 decades, batteries discharged near the meter, etc. etc. and a nearly $ 3,000 bill. Who can help us?

  5. Any update on the class action? Are court proceedings even happening? Seems there is no information for a very long time.

    Please, an update as to the status would be appreciated.

    Thanks.

    P.S. I asked to be put on the mailing list long ago but have yet to receive any response.

    1. Hi Saner
      Sharon will publish a status note on the Class action soon. (I think)

      And I will add you to my list of Smart Meter Update Newsletters. Anyone else wanting to get on the list then just send an email to ted@stopsmartmetersbc.com with a subject line saying “PLEASE SEND SMART METER UPDATE NEWSLETTERS”.
      Cheers

        1. Hmmmm.

          Can anyone even confirm there is any progress regarding the lawsuit? The lack of updates is disturbing. Several folks I know have thrown in the towel and got a smart meter as they have lost both interest and hope due to lack of progress and information.

          Please, what is happening?

  6. When Fortis disconnects electrical service for not making a decision to accept a change in service which is less then the original is an unreasonable course of action and places an unreasonable burden on the individual. The unreasonable burden comes from the reconnection fees, radio off fees and other fees as set out in a tariff under the BCUC. This places an unreasonable burden on low income individuals who lack funds to pay the fees imposed under the BCUC. The responsibility of the State to take legislative, judicial, administrative or other appropriate measures to promote the understanding by all persons under its jurisdiction of their civil, political, economic, social and cultural rights is insufficient in ensuring individuals are reasonably competent of their civil, political, economic, social and cultural rights and places a unreasonable burden on the individual by the State. The measures taken by the State from the Government Expenditure Plan and Main Estimates under Human Rights Knowledge Development and Dissemination Program.

    The Clean Energy Act may be interpreted as implying any State, group or person has right to engage in any activity or perform any act aimed at the destruction of any of the rights and freedoms recognized.

    All peoples may, for their own ends, freely dispose of their natural wealth and resources without prejudice to any obligations arising out of international economic co-operation, based upon the principle of mutual benefit, and international law. In no case may a people be deprived of its own means of subsistence, further Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.

    1. The States Parties to the present Covenant recognize the right of everyone to education. They agree that education shall be directed to the full development of the human personality and the sense of its dignity, and shall strengthen the respect for human rights and fundamental freedoms. They further agree that education shall enable all persons to participate effectively in a free society, promote understanding, tolerance and friendship among all nations and all racial, ethnic or religious groups, and further the activities of the United Nations for the maintenance of peace.

    2. The States Parties to the present Covenant recognize that, with a view to achieving the full realization of this right:

    (a) Primary education shall be compulsory and available free to all;

    (b) Secondary education in its different forms, including technical and vocational secondary education, shall be made generally available and accessible to all by every appropriate means, and in particular by the progressive introduction of free education;

    (c) Higher education shall be made equally accessible to all, on the basis of capacity, by every appropriate means, and in particular by the progressive introduction of free education;

    (d) Fundamental education shall be encouraged or intensified as far as possible for those persons who have not received or completed the whole period of their primary education;

  7. I received a letter stating that if they did not get access to my property they would have the right to divinely me. I phoned the 1-800 number and during that phone call told me because a new account was started last year after 2013 they had the right to put in a smart metre. The only reason there is a new name and it’s mine is because my x of 24 years left me for my friend. So one of the occupants at this resident didn’t change just the name on the account. Is there anything I can do to stop this. On the phone I refused the installation and they said I would be charged 65$ and if this continues they would cut me off. I am a fifty year old woman trying to survive and hold onto my land. Is there anything that o can do to stop them? I live in British Columbia. Please anyone?

    1. At this point we have no rights. I have begged them to change my meter to a radio off meter because I suffer from EHS and MCS since surviving Lyme Disease. Even with this diagnosis they still will not change my meter. Even when we moved it off the house on to a pole they said no after the renovation dept with BC Hydro promised I could have a radio off. They lied and we spent $7,000 to have this done to no avail. I moved on to 5 acres with no WiFi signals and I still hear a humming sound in my home that only disappears when there is a power outage. I am still going to call the higher ups with BC Hydro the Advocacy Dept refused to help me and claims it is not the meters …that is all they ever say is that it is not the smart meters. I believed they are all uniformed and completely clued out when it comes to EHS and MCS. What a world….. to boot I have just recovered from a genetic cancer. So again this does not even matter to BC Hydro. We should be the first on the list to receive radio off meters or the old analog meters. We have no rights , not even when it comes down to our health. If I could afford to move again I would and off grid for good !

  8. Four months and still nothing?

    Madame Justice Elaine Adair apparently is following her instructions from the Government to delay as long as possible. This is beyond a joke.

    What possible other reason could there be for such a ridiculous delay? Even if she does find the motivation to get around to a decision, can we even expect a trial in our lifetimes?

    This is just corrupt and willful delaying. There is no justice….

    1. Apparently, sadly, this sort of timing in not unusual for class actions. I can’t explain it, but this is what the lawyer said. And if it is certified, then the long slog for the trial. I think it is vital that this be fought in court because it will set a precedent if we don’t — one which allows our Charter Rights to be infringed upon with impunity. Next time Hydro, Fortis, or this government decides to something else which infringes will be even easier. Our right to protect our families, our home and ourselves is too important to relinquish.
      There are many reasons that we should be fighting in addition to the Class Action, and one if the fire hazard that exists. These things do cause fires and there is substantial evidence from BC and elsewhere. These meters are defective and should be recalled, nothing short of removal is adequate. This could be done now, without delay, without the class action. We just need many people to stand up to the MLAs who are doing nothing, to this premier and energy minister who are allowing/encouraging for their own agendas — and we all must say we will not take this. We demand a recall. Start picketing, rallying, protesting, etc.

  9. BC hydro and Christy Clark have gone mad with power! I want that stupid smart metre removed from my homeshare asap. They started fining my homeshare provider, then deployed the stupid metre without consent. Christy is delaying the judge by bribery, no doubt. I am about to file a complaint to the United Nations about this human rights violation and I suggest you all do the same.

  10. They are trying to tell us that the new legacy meter has no radio transmitter!. Well, who are they trying to fool? The old analogs have never been a problem with age!. Why even bother replacing it with just another analog?, Is this just another analog or something hidden in the back they can flick a switch and have the ‘radio on’! I Have major concerns with my existing power surges (with fire issues) and feel the need to contact a lawyer to draw up a form that BC Hydro must sign in order to ensure that my house will not burn down with this exchange! What are your thoughts Ms.Noble?

  11. In light of the current loss of this case, maybe you should have went after the utilities act and the utility commission.. That mandate was drawn up before the charter of rights. And I would suggest that the utility act and the utility commision is not charter of rights friendly..

    1. Over the last 3-4 years we’ve learned a lot. We started our class action early on, before we knew all of the problems and all of the parties who were ignoring our rights. Our Charter Right to decide what we allow the government to put on our home (to refuse if we have reason to believe it is dangerous) is so important and the judge agreed that this is justified. We need to continue to fight to save our homes which are endangered not only by the radiation emitted by the $$meters but also by fires, hacking, etc. The Utilities Commission (BCUC) has responsibility for ensuring that the devices Hydro uses do not endanger us. For the longest time, years, they refused to acknowledge this, hiding behind the Clean Energy Act. But finally, in the draft response to my formal complaint with evidence that ITRON meters have caused fires and endangered lives, they admit they have this responsibility. We need to hold them to this — and perhaps we will have to take them (the individual directors) to court.

  12. There was absolutely no public consultation on these smart meters: that in-and-of-itself is not constitutional and violates our individual charter of rights, in my opinion. I never heard this humming noise before; it started after the installation of a smart meter. The Canadian Government does not advocate or care about our individual charter of rights(unlike in the US where children are taught their charter of rights in school, but not in Canada).

  13. I had three signs on my property refusing smart meter, they came and put a radio off meter with out us knowing ,I don’t
    know what to do.When I phoned they said my old meter had expired so there was no other option and that the radio off meter was not a smart meter and it was legal to come on our property and do this. They also said it is turned of and they still have to come out and read it.Please tell me what I can do.

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