CST News Feed

Legal Actions


Here you will find a growing number of legal proceedings currently filed, dealing with EMF and RF issues.

LEGAL ACTIONS: INTRODUCTION to TOPIC



Jul 21
2016

CLASS ACTION (Lawsuit) PACKAGE

updated July 21, 2016

BC HYDRO

**After the Class Action Hearings in December 2015, 
Madame Justice Elaine Adair, the Provincial Supreme Court Judge assigned to the Lawsuit against B.C. Hydro, has considered her decision as follows:

JUDGEMENT of Madam Justice Adair, July 12, 2016

CBC News Report: Smart meter class action lawsuit against BC Hydro denied

July 21, 2016: CLASS ACTION UPDATE and comments about Judge Adair's decision not to certify the class action 

SUMMARY of Class Action Hearings to date in the
Lawsuit Against BC Hydro December 7 to 11, 2015  



Application for Certification from Class Action Plaintiffs - October 1, 2015

FortisBC 




Jul 12
2016

Judgment of Madam Justice Adair - Smart Meter Certification Decision

Davis v. British Columbia Hydro and Power Authority in the Supreme Court of British Columbia

Davis v. British Columbia Hydro and Power Authority

1. Introduction
2. Factual background
3. The Certification requirements: overview
4. Does the Proposed NCC disclose a cause of action: s. 4(1)(a)
5. Identifiable class and class description: s. 4(1)(b)
6. Common issues: s. 4(1)(c)
7. Preferable procedure: s. 4(1)(d)
8. Representative plaintiffs and litigation plan: s. 4(1)(e)
9. Summary and disposition

Summary and disposition

"In summary, the certification application is dismissed. Although I have concluded that the Proposed NCC pleads a cause of action based on the liberty interest protected by s. 7 of the Charter, and that the proposed class description could probably be redrafted in an acceptable way, I have concluded that the plaintiffs have failed to meet the requirement under CPA s. 4(1)(c) regarding certifiable common issues. This is fatal to the certification application.

"The plaintiffs' application to amend the notice of civil claim and to add parties as plaintiffs is also dismissed. However, the plaintiffs (if they wish) have leave to apply to amend the notice of civil claim (to a form consistent with these Reasons) and add parties, providing they do so within 60 days of the date of these Reasons."

CBC News
Smart meter class action lawsuit against BC Hydro denied




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




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








Sep 16
2015

OUTCOME September 2015   Naperville settles lawsuit with smart meter foe

February 2013
Sparks fly when outraged Naperville residents confront elected officials who arrested two stay-at-home moms and invaded residental private property to install Agenda 21 Smart Meters.




Aug 14
2015

12 year-old EHS child in Massachusetts suing his school

Preliminary Injunction for violation of the Americans with Disabilities Act and damages for breach of contract and negligence

In Massachusetts, a 12-year-old minor and parents suing School and Board of Trustees. The minor suffers due to electrosensitivity. School nurse reports similar symptoms in other children in the same classrooms.

Case 4:15-CV-40116 Document 1     Filed 08/12/15




Jun 21
2015

ALEXANDER LERCHL HAS MET HIS WATERLOO (Berlin)

His fraud allegation against the REFLEX Study is unlawful

The long lasting attacks of Alexander Lerchl from the private Jacob University in Bremen on the results of the EU-funded REFLEX Study, have been brought to a sudden and dramatic end by the Hamburg district court. A lab technician whom he accused of having faked the REFLEX results which showed a DNA-damaging potential of mobile communication radiation, had lodged a complaint because of a violation of her personal rights on August 19, 2014. The court decision dated March 13, 2015, became effective on April 21, 2015, and I translate from the decision: 

"The admissible complaint is well founded [....]. The disputed remarks violate the plaintiff with regard to her common personal rights [....]. Deliberately untrue factual allegations and those, whose falsehood is already certain at the time being made, must not be accepted [....]. . . .

"Be it on his own or, more likely, by order from the mobile communication industry, Alexander Lerchl, a former member of the German Commission on Radiological Protection, has since 2007 worked to ruin the credibility of the REFLEX Study. The results of this work are in sharp contrast to Lerchl's previous findings that support the view that mobile communication radiation is harmless. After all, Lerchl's "right" opinion not only drew the support of industry and government for his radiation-friendly pseudo-research, but also had gained his personal promotion to the position of Germany's top radiation protector.  

"For years, German daily and weekly newspapers as well as news magazines uncritically supported Alexander Lerchl's fraud allegations against the REFLEX Study. It was certainly not their intention to do a personal favour to him, but rather to the mobile communication industry whose advertising budgets may have stifled the professional ethics of the publishers. . . .




Feb 21
2015

Blood tests sent to NBN Co to thwart tower plans

Australia - Testing liability for health trends (NBN National Broadband Network)

"Two northern NSW resident action groups campaigning against NBN towers have sent blood sample results to NBN Co and its contractors in a bid to scare them off their rollout plans.

"The groups - the Friends of Condong Ridge, which opposes a tower at Clothiers Creek, and the OREAD Project in Kyogle shire - say they have taken a leaf from the book of anti-cell tower campaigners in Wales.

"Under the strategy, residents take a blood test before a cell tower is erected and send the results with a legal liability letter to the telco, its contractors and the land owner hosting the tower.

"The letter states that further pathology tests will be undertaken once the tower is in place, and threatens litigation if any trend is uncovered between the 'before' and 'after' tests. . . .

"Blood tests represent a dramatic escalation in the avenues of opposition at the disposal of residents groups, who have typically used grassroots political action and pressure on councils to stop or shift the location of tower projects. "Despite appearances, Bloom said his group was not against the rollout of fast internet.

"We're pro fast internet but we don't believe fixed wireless is a good technology," he said.

"Bloom noted that when the fixed wireless contracts were awarded in 2011, fibre-to-the-node (FTTN) was not a rollout option as per the previous Labor Government's majority fibre-to-the-premise approach.

"However, Clothiers Creek has existing copper connections, and Bloom said he wanted to test their feasibility to carry internet services that could be much faster than fixed wireless. . . . 


Wikipedia entry:  "The National Broadband Network (NBN) is a national wholesale-only, open-access data network and is under development in Australia. It is based on the premise that fixed line and wireless broadband connections are sold to retail service providers (RSP), who then sell Internet access and other services to consumers.

The NBN was subject to political and industry debate for a number of years, before construction actually commenced. The 2013 Federal Election and subsequent change of government from Labor to the Liberal/National Coalition prompted a strategic review to be commissioned to determine the ideal infrastructure mix to deliver fast broadband across the country as quickly as possible. The review commenced in October 2013 and is due to report to government in December 2013. . . 




Jan 9
2015

Wall Street's Cell Phone Litigation Problem

Finance and Investment For Good - November 14, 2014

It is confusing about the District of Columbia (Washington DC) Superior Court. Washington DC is not one of the 50 US states. It's the District where the US Federal government resides and it has evolved through the years to become "almost" like one of the 50 states. All 50 states have multiple Superior Courts. In 1970 Washington DC formed its own Superior Court for civil and criminal trials.

When we hear of "court" and "Washington, DC", invariably it is the US Supreme Court which is the court of last resorts and the highest court in the country. Brain tumor lawsuits from all over the country have been, and are being, filed in Washington DC Superior Court, as it is advantageous for attorneys to file in Washington DC because of the District's excellent consumer protection laws. They are more favorable in DC than in most of the 50 states. It is a very unusual legal situation. The CTIA (Wireless Association) is located there, and the CTIA is named in all the lawsuits.

ARTICLE IN FULL

"It is 1987 and Gordon Gekko stands on a windswept beach with a cell phone to his ear. He is talking on the world's first mobile phone - the Motorola DynaTac 8000X. It wasn't cheap back then costing $3,995 - which in today's terms is close to $9,000. Not surprising only the wealthiest could afford these phones, and Wall Street was the epicentre of an industry that became a global phenomenon over the next decades.

"Wall Street execs were the first to use cell phones. They have used them the longest and the most intensively. They were the first to upgrade to more powerful units. It is perhaps not surprising therefore that it is Wall Street firms that are the 'canary in the mine' in terms of litigation around the health impacts of long term cell phone use.  

"The links between brain tumours and cell phones are hotly contested. As telcos fight a growing public relations battle that is flaring through social media, a little known legal case has continued to make its way through US courts.




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




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