CST News Feed

BC HYDRO CLASS ACTION / BCUC


Contained here are submissions, responses, files and letters regarding the CSTS Class Action against BC Hydro.  The BCUC deliberations re Smart Meter Opt-Out Fees have been ongoing since October 2013 and still have not reached their end.  To review the proceedings to date, follow them chronologically in the records that follow.

Mailing address for the Smart Meter Class Action against BC Hydro: 

Coalition to Stop Smart Meters
PO Box  52061
Beacon Ave. RPO
Sidney, BC V8L 5V9


To streamline your search, anywhere on the website, for a specific topic, word or phrase, please use the white search bar located under the Action Kits below. 



Aug 20
2015

BC Hydro - Smart Meters - Class Action Lawsuit Update - August 20, 2015

Update includes original posting from April 7, 2015

It has been some time since we sent an update about the class action lawsuit in April. There has been no change at all since then. Class action law suits take a long time normally, and this is especially so when one side has money and resources without end. The initial schedule called for Hydro to have 5 days to present evidence, which is very unusual in the initial certification phase. The judge set aside 5 days in April but unexpectedly her schedule was revised and she was unable to accommodate this much time. Now the hearing is set for December. Our lawyer has completed all of the necessary work and all we can do now is wait until December. If there is any change, we will let you know immediately.



" . . . Direction 4 allowed opt out choice ONLY for residential customers who had thus far managed to avoid the installation of a microwave smart meter up until December 1, 2013. No commercial customers were allowed an opt out choice.

"After more than 2 years of forced installations, and two months after commencement of this legal action against BC Hydro, the Liberals used Direction 4 to deny opt out choice for 96% of BC Hydro customers, allowing opt out choice ONLY for those customers who had successfully refused a smart meter of any kind up to December 1, 2013. Out of 1.8 million customers, only 4% were deemed eligible for choice. Direction 4 only allowed customers to opt out if they had residential accounts (no business), and no RF smart meter had yet been installed by December 1, 2013. In short, Direction 4 closed any loopholes left out of the Clean Energy Act and determined the different ways in which individual customers may suffer under the heavy hand of BC Hydro's smart meter rollout.

"It was an amazing moment to realize the Liberals had imposed an act which made legal severe restriction of civil liberties without any kind of parliamentary discussion. . . .




Aug 20
2015

CLASS ACTION (Lawsuit) PACKAGE (refreshed August 20, 2015)

Links to Participation Forms, Q and A and other information for anyone opposed to BC Hydro's Smart Meter Program

CLASS ACTION

WHAT IS HAPPENING NOW?

Status of Class Action, April 7, 2015 / Aug. 20, 2015

Notice of Application, November 7, 2014


* Check out the postings under BCUC/BC Hydro Class Action / BCUC on this website for ongoing news and updates. 


COMPLETE THIS FORM TO PARTICIPATE:

Residential PARTICIPATION FORM 

Commercial PARTICIPATION FORM


Questions and Answers relating to Participation Forms


Opt-Out Sign for Analog (Option 1)

Opt-out Sign for Analog (Option 2- Class Action Version)


TAKE ACTION IN YOUR COMMUNITY:

FLYER

Mini Class Action Participation Form

Mini Q&A

FORTIS BC INFO






Apr 1
2015

Class Action Lawsuit against BC Hydro - Update

Notice of Application Brought under the Class Proceedings Act - March 16, 2015

Message from the Executive Director of Citizens for Safe Technology Society, Una St. Clair

We believe that the "people's" lawsuit against BC Hydro is a strong and just case, which is picking up steam as it winds its way through numerous court processes. These large legal actions take patience and an unwavering focus on the goal as it can take years to attain the justice being sought. Anything that must be done, must be done no matter how long it takes, and this is such an instance. It is so important that you know we have not lost our footing despite serious attempts by the BC Liberals to derail our case, and more to the point, we are continuing with an argument which is succinct, sure and strong! In a way, the slowness of the process has been a blessing, as it has allowed us to improve all our pleadings.

Given that the Liberals had found a "legal" way under Direction 4 to protect their blatant abuse of individual rights, it was necessary for us to rewrite our Civil Claim in response. We have now changed course in our lawsuit, to stand squarely on the foundation of our Canadian Charter of Rights and Freedoms, Sections 7 and 8. On March 16, 2015, we filed a revised Second Notice of Civil Claim at the Vancouver Court Registry which challenges the constitutional validity of the various legislative and/or administrative acts, including Direction 4, which have authorized the Liberals to force microwave radiation emitting smart meters onto customers who refuse the same, as well as challenging the constitutional validity of Opt Out and Failed Installation Fees. Our case was scheduled to be heard in court commencing April 27, 2015, however, due to a change in judge's schedule, and the need for us to revise our pleadings, the date will be scheduled for later in the year.

Look for our upcoming newsletter for full details.




Dec 1
2014

Flyer designed to post and distribute in the areas served by FortisBC or BC Hydro.




Nov 12
2014

Class Action Lawsuit Update
Human Rights Tribunal Decision Update
What Happens Next?




Nov 7
2014

Notice of Application to BC Hydro, November 2014

Certified Class Proceedings - Applicants: Nomi Davis (Residential) and Jessica Klein (Commercial)

Part 1: ORDERS SOUGHT
Part 2: FACTUAL BASIS
Part 3: LEGAL BASIS
Part 4: MATERIAL TO BE RELIED ON

SCHEDULE "A"
RESIDENTIAL CLASS DESCRIPTION

SCHEDULE "B"
COMMERCIAL CLASS DESCRIPTION

SCHEDULE "C"
COMMON ISSUES
Emissions
Rights claimed
Rights violated
Government authorization
Contract
Commercial Premises
Remedy

SCHEDULE "D"
PLAINTIFFS' PROPOSED LITIGATION PLAN
Introduction
Notice and op-out / opt-in
Litigation relating to the common issues
Case Management and Interlocutory Applications
Judgment
Individual Issues Determination

SCHEDULE "A" to PLAINTIFFS' PROPOSED LITIGATION PLAN  

NOTICE TO BC HYDRO RESIDENTIAL CUSTOMERS  
CERTIFICATION OF BRITISH COLUMBIA CLASS ACTION

REGARDING "SMART METERS"  


THE CLASS ACTION
THE CERTIFICATION ORDER
YOU MAY STILL OBJECT
WHAT TO DO IF YOU MEET THE CLASS DEFINITION
FEES
ADDITIONAL INFORMATION
INTERPRETATION

NOTICE TO BC HYDRO COMMERCIAL CUSTOMERS  
CERTIFICATION OF BRITISH COLUMBIA CLASS ACTION

REGARDING "SMART METERS"


THE CLASS ACTION
THE CERTIFICATION ORDER
YOU MAY STILL OBJECT
WHAT TO DO IF YOU MEET THE CLASS DEFINITION
FEES
ADDITIONAL INFORMATION
INTERPRETATION

Appendix




Nov 4
2014

Timeline for the Certification Application (CSTS Class Action against BC Hydro)

Procedural Steps and Dates: September 19, 2014 to April 27, 2015

VANCOUVER REGISTRY

IN THE SUPREME COURT OF BRITISH COLUMBIA


BETWEEN:
    NOMI DAVIS, AS REPRESENTATIVE PLAINTIFF
PLAINTIFF

AND:

BRITISH COLUMBIA HYDRO AND POWER AUTHORITY
DEFENDANT

ORDER MADE AFTER APPLICATION

BEFORE THE HONOURABLE MADAM JUSTICE ADAIR,
WEDNESDAY, THE 16th DAY OF JULY, 2014

ON THE APPLICATION of the plaintiff, coming on for hearing at Vancouver, on the 16th day of July, 2014, and on hearing David Aaron, counsel for the plaintiff, and Marko Vesely and Toby Kruger, counsel for the defendant;

THIS COURT ORDERS that:

1. The schedule for the procedural steps leading to the certification hearing shall be revised as set out in Appendix "A" to this order.

THE FOLLOWING PARTIES APPROVE THE FORM OF THIS ORDER AND CONSENT TO EACH OF THE ORDERS, IF ANY, THAT ARE INDICATED ABOVE AS BEING BY CONSENT:

APPENDIX "A"

TIMELINE FOR THE CERTIFICATION APPLICATION




Sep 23
2014

COMMERCIAL Class Action Participation Form

B.C. Hydro Commercial Customers are now included in the CSTS class Action against BC Hydro

Until December 2013, BC Hydro has excluded business and commercial customers from their "Choices" program.  

So, as of December 2, 2013, BC Hydro Commercial accountholders have been incorporated into the Civil Class Action against BC Hydro.

The following form is to be completed by those who fit the Class membership criteria listed on the form:




Aug 12
2014

Amended Notice of Civil Claim - August 12, 2014

Between Nomi Davis and BC Hydro

IN THE SUPREME COURT OF BRITISH COLUMBIA
BETWEEN: NOMI DAVIS, AS REPRESENTATIVE PLAINTIFF - PLAINTIFF
AND:
BRITISH COLUMBIA HYDRO AND POWER AUTHORITY - DEFENDANT

AMENDED NOTICE OF CIVIL CLAIM . . .


Part 1: Statement of Facts

A. Parties

B.The impugned conduct

C. Contract

    i. Residential Contract
    ii. Commercial Contract
    ii. Microwave Device isnot necessary


D. The refusal (Residential)

D.2 The refusal (Commercial)

D.3 The Direct Communication

    i. BC Hydro Communication
    ii. Overlapping Issues
    iii. Information withheld
    iv. No notice to the plaintiff


E. The Residential Class

E.1 The Commercial Class

Part 2: RELIEF SOUGHT

Part 3: LEGAL BASIS

A. Rights and Freedoms

    i. Residential
    ii. Commercial


B. Causes of Action

C. Contract

D. Legislation

Appendix

    Part 1: CONCISE SUMMARY OF NATURE OF CLAIM

    PART 2: THIS CLAIM ARISES FROM TE FOLLOWING:

    PART 3: THIS CLAIM INVOLVES

    PART 4: 
    Hydro and Power Authority Act
    Canadian Charter of Rights and Freedoms
    Clean Energy Act

PARTICIPATION FORM to JOIN CLASS ACTION









Jun 28
2014

NOTICE OF REGULATORY FILING - BCH Meter Choice Program

Includes Applications for Approval of Charges Related to Meter Choices Program Compliance with BCUC Order . . . Decision Section - Failure to Read a Meter

Application for Approval of Charges Related to Meter Choices Program

BC Hydro writes in accordance with BCUC Order No. G-59-14, and in particular the following BCUC directive regarding circumstances where BC Hydro reads a meter for a Meter Choices Program customer less frequently than bi-monthly:

The Panel has considered circumstances where BC Hydro reads a meter less frequently than bimonthly but bills the customer a monthly charge to recover the costs of bi-monthly meter reading and determines that making such a charge is unjust and unreasonable. Accordingly, in the event that a Program customer's meter is read less frequently than bi-monthly the portion of the Monthly Charge attributable to bi-monthly meter reading costs, as approved elsewhere in this decision, must not be charged. The Panel directs BC Hydro to develop a solution to ensure these charges are just and reasonable, and only reflect meter reading costs for the frequency of actual meter readings. In developing its solution BC Hydro should also consider how, if subsequent to the date that the interim rates came into effect, a meter has been read less frequently than bi-monthly, it will apply the retroactive adjustment in a just and reasonable manner. This proposed solution must be filed for review with the Commission on or before June 30, 2014. . . .

  • Missed Read Credit Adjustment . . . 
  • Adjustment Processing . . . 
  • Communications . . .




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Click the button above to sign our online petition against Smart Meters in British Columbia.

Smart Meter Petition (Hard Copy)

Download and print this petition form -- Refuse Smart Meter Installation.

Send completed petitions 15 signatures per page to:
Una St. Clair

fax:
1-866-824-8865

e-mail: una@citizensforsafetechnology.org