Tuesday, December 20, 2011

Couple sues to have cell tower removed


Couple sues to have cell tower removed
December 3, 2011 - 6:10am BY AARON BESWICK TRURO BUREAU
Edna and Marshall Pettipas are suing Bell Aliant over a cellphone tower erected near their Antigonish County home.  (AARON BESWICK / Truro Bureau)


Edna and Marshall Pettipas are suing Bell Aliant over a cellphone tower erected near their Antigonish County home. (AARON BESWICK / Truro Bureau)
AFTON — An Antigonish County couple is suing Bell Aliant, claiming a cellphone tower on their property has damaged their health.
In Feb. 2002, Marshall and Edna Petti­pas signed a lease with Bell Aliant that allowed the company to erect a tower on an empty, six-hectare lot in exchange for annual payments, which are now $5,800.
In 2007, the Pettipas’s estimate they spent $350,000 building a house about 180 metres from the base of the tower.
In a statement of claim filed with the Nova Scotia Supreme Court on Wednes­day, the couple allege that representatives of Bell Aliant convinced them to allow the tower onto their property by saying they wouldn’t be exposed to danger.
The Pettipas’ family physician has signed a letter attributing Edna’s poor health to the tower. In documents filed with the court, the couple complains of variety of symptoms from burning eyes to nausea.
The Pettipas allege a breach of contract and misrepresentation by Bell Aliant.
The Pettipas’ claims have not been tested in court.
“We were told we wouldn’t be subject to emissions," Edna said in an October in­terview that was conducted before the lawsuit was filed.
“That the only danger would be falling ice, if we were within 300 feet of the tow­er."
An independent study done at the fam­ily’s request found there was radio-fre­quency radiation levels at the Pettipas home, but it was below the maximum exposure limits set by Health Canada.
While the Pettipas claim Health Cana­da’s exposure limits are set too high, the Canadian Wireless Telecom Association disagrees.
“To date there has never been a demon­strated risk to health . . . when in compli­ance with safety standards," spokesman Marc Choma said of base tower radiation.
“Even though there is a safety standard, there is a very large safety margin built into it. Any kind of cell tower is typically operating thousands of times lower than what the standard would be."
The Pettipas, represented by MacGilliv­ray Law Office in New Glasgow, are seek­ing the remission of the Bell Aliant lease, the tower’s removal, general damages for the devaluation of their property and suffering, along with special damages for medical expenses and lost wages.
“Bell Aliant should have disclosed the risks before entering into a lease with Ms.
Pettipas," lawyer Jamie MacGillivray said in a news release Thursday.
“She now has a beautiful brand new Cape Cod-style home that she cannot live in."
In an interview prior to the launching of the lawsuit, a spokeswoman for Bell Aliant said the company “always meets and exceeds the strict regulations" set by Industry Canada.

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