Ontario man has loses court case against Hydro One

tay

Hall of Fame Member
May 20, 2012
11,548
1
36
Last fall, Kip Van Kempen sued the utility company in small claims court after he said he was charged hundreds of dollars in delivery fees for his all-season cottage on Mazinaw Lake, north of Kingston, Ont. between October 2015 and June 2016.

He argued the charges were unfair because his cottage had been cut off from power during the months of service indicated on his bill. He said he shouldn’t have to pay delivery fees when no electricity was delivered.

“The judge seemed to think otherwise. That if you’re a customer of Hydro One, regardless of whether hydro is delivered, you’re stuck with the delivery charge,” Van Kempen told CTV Toronto on Wednesday.

More than a year ago, a tree fell onto a power line leading to Van Kempen’s cottage during a storm. Hydro One crews cut the tree and disconnected the line but they were unable to repair it because of red tape and logistical issues.

Van Kempen was forced to wait nearly eight months before the power was finally restored.

Hydro One explained last September that customers are always given a flat-rate delivery charge if the company’s equipment, including a smart meter, is still on the property. To avoid paying the charge, customers should cancel their service and return the equipment.

The utility company said delivery charges are laid out by the Ontario Energy Board and everyone is required to pay.

In a statement issued to CTV News on Wednesday, Hydro One said the delivery fee “pays for lines, stations, customer service, storm response and maintaining the system.”

Van Kempen compared his court battle with Hydro One to the story of David and Goliath and said he lost because he was legally outmanoeuvered by the utility company’s team of lawyers.

“I felt terrible,” he said. “I felt I let people down because I really thought I had a strong argument before the judge.”
Ontario’s NDP Energy Critic Peter Tabuns agreed that Van Kempen had a reasonable case.

“If you’re in a situation where you’re paying for a service and you’re cut off from the service entirely and the service can’t be delivered, most normal people understand that the contract’s been broken,” Tabuns said on Wednesday.

The Ajax, Ont. man’s said he received an outpouring of support from other Ontarians frustrated by soaring hydro costs.

“People were saying good for you for taking on, if you will, Goliath in this situation,” Van Kempen said.

Van Kempen said Hydro One’s legal team treated him fairly during the proceedings.

He said he now has to pay $1,000 in legal fees. Van Kempen said he’s paid for all of his electricity charges and he’s not planning to appeal the judge’s ruling.

'I felt terrible': Ont. man loses court battle with Hydro One over electricity charges | CTV News
 

B00Mer

Make Canada Great Again
Sep 6, 2008
47,127
8,145
113
Rent Free in Your Head
www.canadianforums.ca


Shows Ontario is full of Liberal idiot judges who support big gov't.. Omar case is a prime example blocking the US family of the medic justice who already has a judgement.
 

Danbones

Hall of Fame Member
Sep 23, 2015
24,505
2,198
113
...and stopped trump's immigration bans

But this really does sound like grounds for a revolution. The straw and the camel aren't too far down the road from this.
 

10larry

Electoral Member
Apr 6, 2010
722
0
16
Niagara Falls
In a statement issued to CTV News on Wednesday, Hydro One said the delivery fee “pays for lines, stations, customer service, storm response and maintaining the system.”
But not for actual delivery of juice, what a friggin scam.
 

Jinentonix

Hall of Fame Member
Sep 6, 2015
11,619
6,262
113
Olympus Mons
The poor little guy.
Yeah, how DARE the courts force him to pay for services he didn't receive. What kind of world are we coming to where people actually expect to get what they're paying for? What a bunch of privileged, self-entitled twats we've become, expecting corporations to hold up their end of a contract. Corporations should be able to steal from us with impunity, right?
 

Tecumsehsbones

Hall of Fame Member
Mar 18, 2013
60,324
9,515
113
Washington DC
Hmm. . . I'd have to see the contract to be sure, but it seems to me that Hydro One was the breaching party. So just on a flyby look, and again with the proviso that I'd have to see the contract, I think the judge went the wrong way on this one.
 

Jinentonix

Hall of Fame Member
Sep 6, 2015
11,619
6,262
113
Olympus Mons
Hmm. . . I'd have to see the contract to be sure, but it seems to me that Hydro One was the breaching party. So just on a flyby look, and again with the proviso that I'd have to see the contract, I think the judge went the wrong way on this one.
Hydro One's argument was flawed. Their excuse was he still had a smart meter attached to his place and since it is company equipment he is entitled to receive a bill. But ALL hydro meters are company equipment not just the "smart" ones. They sure as hell aren't going to come and remove a standard hydro meter. Hell, you're not even allowed to be disconnected from the grid in Ontario.
The other issue with their argument is nobody knows how long the power will be out, especially if it's in a more remote location. So great, you call them to tell to come pick up their smart meter, a week later you have power again and the bastards will want to charge you extra to come back out and re-install that smart meter.

The system in Ontario is set up so that you will be paying a hydro bill no matter what. Disconnected for two months because a storm knocked down a power line in a somewhat remote location? Don't worry, you'll still get a bill. Been generating 100% of your own power so far this summer? That's great, you're helping the environment. Here's a hydro bill.
I just find something sleazy about a govt forcing someone to pay for something they aren't using.
Now, it was one thing back when the utility was entirely owned by the Ontario taxpayer. I could understand the rationale of forcing people to remain connected to the grid. But with 60% of it being privatized, I don't think it's the govt's job to force people to keep the profits rolling in for private owners. At that point it's not so much an investment as it is a gift that keeps on giving to the investors.
 

Tecumsehsbones

Hall of Fame Member
Mar 18, 2013
60,324
9,515
113
Washington DC
Hydro One's argument was flawed. Their excuse was he still had a smart meter attached to his place and since it is company equipment he is entitled to receive a bill. But ALL hydro meters are company equipment not just the "smart" ones. They sure as hell aren't going to come and remove a standard hydro meter. Hell, you're not even allowed to be disconnected from the grid in Ontario.
The other issue with their argument is nobody knows how long the power will be out, especially if it's in a more remote location. So great, you call them to tell to come pick up their smart meter, a week later you have power again and the bastards will want to charge you extra to come back out and re-install that smart meter.

The system in Ontario is set up so that you will be paying a hydro bill no matter what. Disconnected for two months because a storm knocked down a power line in a somewhat remote location? Don't worry, you'll still get a bill. Been generating 100% of your own power so far this summer? That's great, you're helping the environment. Here's a hydro bill.
I just find something sleazy about a govt forcing someone to pay for something they aren't using.
Now, it was one thing back when the utility was entirely owned by the Ontario taxpayer. I could understand the rationale of forcing people to remain connected to the grid. But with 60% of it being privatized, I don't think it's the govt's job to force people to keep the profits rolling in for private owners. At that point it's not so much an investment as it is a gift that keeps on giving to the investors.
Kinda like Flint, Michigan sending people bills for their poison. . . uh. . . water.

Sounds like something that needs a political solution, though there are legal ways to fight it.
 

10larry

Electoral Member
Apr 6, 2010
722
0
16
Niagara Falls
This exercise is entirely relevent, having our whacked out lib regime as a hobbyhorse is quite rewarding, they seldom if ever enter the sane zone.
Juice and gender bending go hand in hand and neither make any sense to anyone cept hard core pc liberals, forcing folk to pay for undelivered juice is the stuff of capone & co. and adopting they n' them in place of her or she simply confounds. It, hardly a flattering term is however the best grammatic fit but most likely too blunt for delicate lib sensibilities. This is ontario where earthly sense has ceased to exist, paying for nothing burgers is in vogue as is common language revisions to appease the queer lobby.