Hydro One hit with $125M class action lawsuit

Suit on behalf of customers comes on heels on Ontario ombudsman report

CBC News Posted: Jul 22, 2015 9:23 PM ET    Last Updated: Jul 22, 2015 9:23 PM ET

A $125 million class action lawsuit has been filed against Hydro One over alleged improper billing and account management practices.

Koskie Minsky LLP and Lax O’Sullivan Scott Lisus LLP filed the suit against Hydro One, as well as four of its subsidiaries, on Wednesday at the Ontario Superior Court of Justice.

The law firms say the claim is being brought on behalf of all Hydro One customers who have used the service since May of 2013. Hydro One customer Paul Foster is set to be the representative plaintiff in the case.

Ontario’s Ombudsman Andre Marin blasted Hydro One in a May report that found some 100,000 households had massive billing errors, which were attributed to a new billing system. Marin said his office received more than 10,000 complaints from Hydro One customers about over-billing.

 

The class action lawsuit focuses on the problems surrounding the rollout of the new billing system. The lawsuit alleges:

  • Thousands of customers stopped receiving bills.
  • Others received bills based on estimates, then later received “massive ‘catch-up’ bills.”
  • Hydro One automatically withdrew large quantities of money from customers’ accounts without notice or explanation.
  • Thousands of customers dealt with billing and administrative errors, including “bills that did not reflect the electricity actually consumed.”

“Hydro One customers are particularly vulnerable to Hydro One’s administration and billing abuses as a result of its near monopolistic nature and the importance of the services it renders to customers,” said Kirk M. Baert, a partner at Koskie Minsky LLP, in a news release about the court filing.

Eric R. Hoaken, a partner at Lax O’Sullivan Scott Lisus LLP said, in the same release, “It’s time that Hydro One accounted for the billing abuses it has perpetrated on its customers.”

In the wake of the ombudsman’s report, Hydro One officials said the utility has fixed its billing issues and said the company is working to improve its customer service.

http://smartmeterlawsuits.blogspot.fr

A complete listing of all known smart meter lawsuits, please email them to stopsmartmeters.org updates or info on new suits. Thank you so much to Stopsmartmeters.org and Emf Safety Netowrk
 Links on how to file your own lawsuits or complaint:

 


Latest Updates:
Another Hawaii case won! 7/26
Engineer and Smart Meter Project Manager FIRED for his opinion that Smart Meters were not safe 7/21
Court cases won in Portland, Maine and Hawaii!!! 7/16
PG&E Execs caught spying! 7/16


CASES WON!!!! 

HEALTH –Southern California Edison
Plantiff claimed negative health effects after smart meter was installed (Legal Documents).
\SUCCESS!!! The judge ordered the Utilities company pay for health damages or remove the meter! (Settlement Documents

Privacy, Constitutional Violations, Security Risks–Kauai, Hawaii
Adam Asquith filed for a Federal Injunction against the instillation of smart meters (Court Filing DocumentsNews Story.
SUCCESS!  The Utilities Company offered a settlement (Settlement Document) and agreed NOT to install a smart meter on the plaintiff’s property. (News report)

DISCRIMINATION Kauai, Hawaii
Mark Naea, a neighbor of Adam Asquith (who won his case against smart meters) filed a formal complaint (Legal Document) that he should not have to pay the court fees and file a separate case to get the opt-out option that was court awarded to his neighbor.
SUCCESS!!! The Public Utilities Commission ordered (Legal Document) Kauai Island Utility Cooperative( KIUC ) to address  his complaint.

HEALTH, SAFETY, PRIVACY, PROPERTY RIGHTS, CONSTITUTIONAL VIOLATION, DISCRIMINATION –Maine
A legal complaint objecting to multiple aspects of smart meters. Overview
SUCCESS!! The court ruled that the Utilities company DID NOT adequately address health and safety concerns and now must do so. Bangor Daily News   Maine Public Broadcasting

HEALTH, CONSTITUTIONAL PRIVACY, SAFETY Portland
Complaint that the PUC (Public Utilities Commission) did not address safety, Constitutional Privacy and health concerns. (New Story on Outcome)
SUCCESS! The Supreme Judicial Court findings are that they did not properly address these problems (health and safety) and MUST do so. The Court not agree the Privacy concerns were not addressed.


CASES IN MOTION:

WRONGFUL DEATH DUE TO FIRE CAUSED BY SMART METER Vacaville CA
On July 9, 2010, Larry Nikkel died in a fire believed to be caused by smart meter.

WIRELESS COMPONENT OVER SMART METERS
Smart Meters have been “mandated” in British Columbia, however Plantiff contests that the wireless component is part of the mandate.(Press Release) (News story) (Formal Letter of Complaint – legal Document) (Letter of Complaint- scroll down)
Status: Appeal to be heard in October

HEALTH –Central California
Lawsuit filed against the CPUC (Central Public Utilities Commission) for ignoring evidence of harmful health effects of Smart Meters. (Latest updateLink on story
Status:Newly filed.

SPYING!
A top PG&E executive was caught spying and attempting to infiltrate a nonprofit to gather information about a forthcoming lawsuit. (Coverage of case) Curious and curiouser. (Legal Order to investigate)

HEALTH, SAFETY, MISREPRESENTATION OF RADIATION LEVELS, VIOLATION OF AMERICANS WITH DISABILITIES ACT – Northern California
Filed by an Electro-magnetic consulting firm,Wilner and Associates this Class Action Lawsuit list multiple ten grievances and is seeking $10,000 per customer who has experienced negative health effects. (Story) (Case Filing)

HEALTH, PRIVACY, HOMEOWNER’S RIGHTS, VIOLATION OF ILLINOIS ”OPEN MEETINGS ACT”  Napperville, Illinois
Residents have filed a federal lawsuit (News article) seeking an injunction to instillation (Court Documents)
Up to date info on the case
Status:Discovery phase of the case

Cases “Loss” (aka opportunity to learn so we win the next round)

MISUSE OF FEDERAL MONIES DUE TO FIRE RISK Alabama
According to the lawsuit, the Don Baker, plaintiff, is an engineer and was an AMI smart grid project manager.  He alleges the smart meters were not properly tested, and were seriously flawed. He found that the Sensus iConA had a “tendency to drastically overheat, and melt or burn”.  He was asked to keep quiet and was eventually terminated for failing to do so.
Status: The fire issue was not the focus of the case, it was misuse of Federal Funds.The District Attorney chose not to pursue the case, not based on the fire hazard claims, but claiming Federal Money was not misused. (case documents)

OVERCHARGING Texas

A class action lawsuit (Case documents) filed against Texan Utilities company Oncor. (News Story, Video)
Status: Case Dismissed (One analysis of why it failed)

(7/14) OVERCHARGING Bakersfield California
Initially an individual case alleging overcharging  of smart meters (Initial Filing), this turned into a class action lawsuit (News report).
Status: Initially SUCCESS! Then overturned.emfsafetynetwork.org

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