Judge refuses class-action lawsuit against BC Hydro over smart meters

VANCOUVER – A judge has refused a class action lawsuit against BC Hydro over the installation of so-called smart meters.

B.C. Supreme Court Justice Elaine Adair said in a 36-page ruling released Wednesday that the parties involved in the proposed lawsuit did not prove there was enough evidence to show the devices used to measure electricity consumption had caused common issues.

The lawsuit was originally launched by Salt Spring Island resident Nomi Davis in 2013, who said the utility company installed a smart meter at her home against her wishes and she was worried about the device's high-frequency emissions.

The yoga teacher told the court that she began to get headaches and joint aches after the smart meter was installed, and it interfered with the use and enjoyment of her home.

Other BC Hydro customers joined the lawsuit, arguing that the smart meters infringed on their Charter right to life, liberty and security of person, and giving statements on how their health had been negatively affected by smart meters.

The judge ruled that the claim based on liberty was bound to fail, and that there were no material facts based on the claim about the right to security of person.

"There is no admissible evidence that these issues could be resolved on a class-wide basis," Adair said in her decision.

A statement from BC Hydro said the company is pleased with the court's decision and will review it in detail.

"Smart meters are now a part of our standard operating equipment and have been delivering benefits to BC Hydro and our customers for more than four years," it said.

The company has previously said that the provincial health officer, Health Canada and the World Health Organization report that smart meters pose no known health risks.