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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. 



Jan 1
2016

CLASS ACTION (Lawsuit) PACKAGE

(updated December, 2015) Links to Participation Forms, Q and A and other information for anyone opposed to BC Hydro's Smart Meter Program



Oct 30
2015

On May 2, 2012, Vancouver City Council listened to various speakers on the Smart Meter issue.

Una St. Clair is with CitizensforSafeTechnology.org. Citizens For Safe Technology Society is launching a Class Action against BC Hydro, the hearings for which will occur at the Vancouver Courthouse from December 7 to December 11, 2015

As many people as possible are asked to attend.



Vancouver City Hall Smart Meter public presentations Part 2
Vancouver City Hall Smart Meter presentations Part 3
Vancouver City Hall Smart Meter public presentations Part 4
Vancouver City Hall Smart Meter public presentations Part 5
Vancouver City Hall Smart Meter public presentations Part 6




Oct 1
2015


Please find attached, for service upon BC Hydro, the Plaintiffs' written representations in support of their application to amend. These have been filed with the Court today, October 1, 2015. 

ADDITIONALLY:  Application to Amend


TABLE OF CONTENTS

I. DEFINITIONS
II. ORDERS SOUGHT ON APPLICATION FOR CERTIFICATION
III. CERTIFICATION ISSUES
IV. PLEADINGS DISCLOSE A CAUSE OF ACTION
    A. Approach to review of pleadings 
    B. Health concerns 
    C. Personal choice 
    D. Charter overview 
    E. Charter, Section 7 - Liberty Interest 
    F. Charter, Section 7 - Security Interest 
    G. Territorial privacy under the Charter, Section 8 
    H. Biological effects trigger Charter rights 
     I. Pleadings applicable to business premises 
    J. Opt-Out Fees, Failed Installation Fees and Service Refusals 
    K. Fundamental Principles of Justice in Context 
    L. Regulation of Electrical Service in British Columbia 
    M. BC Hydro is exempted from regulation in two respects 
    N. BC Hydro exempted from having to obtain a CPCN 
    O. Fortis not exempted from having to obtain a CPCN 
    P. Direction No. 4 exempts BC Hydro from BCUC scrutiny with respect to its "Meter Choices Program" 
    Q. Customer resistance against BC Hydro's installation of RF-Emitting Meters 
    R. Meter Choices Program 
    S. Direction No. 4 authorizes the mandatory imposition of RF-Emitting Meters 
    T. Customer "choice" & Direct Communication during Election Period 
    U. Duress 
    V. RF-Emitting Meters are not necessary to BC Hydro 
    W. Principles of Fundamental Justice - Overview 
    X. Arbitrariness 
    Y. Overbreadth 
    Z. Gross disproportion 
    AA. Lack of parity 
    BB. Lack of democratic process 
    CC. Duress 
    DD. Each element of the cause of action is supported by pleadings of fact 
    EE. The test for determining whether the pleadings disclose a cause of action 
    FF. Charter damages V. STANDARD OF PROOF ON CERTIFICATION


VI. IDENTIFIABLE CLASS OF TWO OR MORE PERSONS 68

    A. Proposed classes
    B. The test for "identifiable class"
    C. Rational relationship as between (1) the criteria for class membership;
    and (2) the claims advanced on behalf of that class
    D. Rational relationship as between (1) the criteria for class membership;
    and (2) the common issues pertaining to that class
    E. Remaining test elements met

VII. COMMON ISSUES

    A. Legal standard
    B. Proposed common issues
    C. Additional common issue and a methodology for determining "reasonableness"
    D. Potential reformulations: the Customer's express position is not material
    E. Application of the test
    F. Variables within a class

VIII. PREFERABLE PROCEDURE


    A. Legal test


    B. Whether questions of fact or law common to the members of the

    class predominate over any questions affecting only individual members


    C. Whether a significant number of the members of the class have a valid interest individually controlling the prosecution of separate actions


    D. Whether the class proceeding would involve claims that are or have been

    the subject of any other proceedings

    i. BCUC Exemption by way of the CEA
    ii. BCUC Exemption by way of Direction No. 4
    iii. Consequence of exemption
    iv. Human Rights Complaint

E. Whether other means of resolving the claims are less practical or less efficient

    i. Overview
    ii. The practicalities and efficiencies of class proceedings
    iii. There is a large number of individual claimants, each with a relatively
    small claim for monetary relief
    iv. Expert evidence will be required to resolve the dispute as to whether
    there is a reasonable basis for concern about health risk

F. Whether the administration of the class proceeding would create greater difficulties

than those likely to be experienced if relief were sought by other means


G. Certification fulfills the advantage of access to justice


H. Certification fulfills the advantage of judicial economy


I. Certification fulfills the advantage of behaviour modification


J. Summary of preferability inquiry


IX. REPRESENTATIVE PLAINTIFF


A. Legal test


B. Each representative plaintiff would fairly and adequately represent the

interests of his or her respective class

    i. Overview
    ii. Davis and O'Connor as representatives of Class A
    iii. Klein and Halani as representatives of Class B
    iv. Schnurr and Noble as representatives of Class C
    v. Competence of class counsel
    vi. Ability to bear any necessary costs
    vii. Conclusion

C. The representative plaintiffs have produced a plan for the proceeding that

sets out a workable method of advancing the proceeding on behalf of the

respective classes and of notifying class members of the proceeding


D. The representative plaintiffs do not have, on the common issues, an

interest that is in conflict with the interests of other class members


X. CORPORATE CUSTOMERS


TABLE OF AUTHORITIES

    Schedule A - Assertions of Health Concerns
    Schedule B - Reasonableness of Health Concerns
    Schedule C - Health Canada's Cellular Telephone Advice
    Schedule D - Contested issues will involve competing expert evidence
    Schedule E - Forced installations
    Schedule F - Forced installations - Commercial
    Schedule G - Direction No. 4 and Meter Choices Program
    Schedule H - Direct Communication
    Schedule I - Meter Choices Participation Statistics
    Schedule J - Eligible Customers who refuse to pay (with the consequence that they
    suffer a Forced Installation or a Service Refusal, threatened or actual) e.g. Sylvester
    Schedule K - Eligible Customers who capitulate to the installation of an RF-Emitting
    Meter - e.g. Schnurr
    Schedule L - Eligible Customers who pay an opt out fee to avoid installation of an RF Emitting Meter
    Schedule M - BC Hydro can operate without RF-Emitting Meters
    Schedule N - Quantity of claimants
    Schedule O - Independent claimants without alternative recourse
    Schedule P - Representative plaintiffs' motivations
    Schedule Q - Representative plaintiffs are informed
    Schedule R - BCUC proceedings re: CEA exception
    Schedule S - Human Rights Tribunal Complaint
    Schedule T - Fortis 1 (Universal Opt-outs)
    Schedule U - Fortis 2 - Quantum of Opt-out Fee
    Schedule V - BCUC re: BC Hydro Fees
    Schedule W - July 23, 2013. BCUC Fortis decision, excerpted








Oct 1
2015

CLASS ACTION: Plaintiffs Written Representations - Application to Amend

(October 1, 2015) In the Supreme Court of British Columbia Between: Nomi Davis and Jessica Klein (Plaintiffs) and British Columbia Hydro and Power Authority (Defendant)

Please find attached, for service upon BC Hydro, the Plaintiffs' written representations in support of their application for certification. These have been filed with the Court today, October 1, 2015.

ADDITIONALLY: Application for Certification 

Contains:

A. Orders sought
B. Facts

  1. Defined terms
  2. Direction 4
  3. Impact on the Plaintiffs' case
  4. Reformulated claim
  5. Additional facts
C. Jurisprudence
D. Prejudice to BC Hydro?
E. The Province of British Columbia
F. Rules of Court




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:




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Citizens for Safe Technology (CST) is funded and supported solely by those who wish to help us. Thank-you for learning, sharing and helping if you can.


Meetings and events on the issue of wireless technologies in homes and communities throughout North America.


Click the button above to sign our online petition to return to hardwired computers in schools.



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