Excerpts from the Canadian legal filing are below:
Nature of the Proceeding:
1. This is a mass-tort and environmental Proposed Class Proceeding in respect of the spraying into the atmosphere of toxic substances and particulates by the Defendant that is dangerous to human health, destructive to the environment, and has caused meaningful economic damages.
A Declaration that the aerial discharge of coal fly ash and/or other contaminants contravenes the Canadian Environmental Protection Act and appurtenant Regulations;
A Declaration that the aerial discharge of coal fly ash and/or other contaminants contravenes the Canadian Charter of Rights and Freedoms;
c. An interlocutory and a final mandatory order directing that the Defendant comply with the Canadian Environmental Protection Act and appurtenant Regulations;
An interlocutory and a final mandatory order directing that the Defendant comply with the Canadian Charter of Rights and Freedoms;
An interlocutory and a final mandatory Order that the Defendant immediately cease and desist the ongoing aerial discharge of coal fly ash and/or other contaminants or substances;
On various dates, the Plaintiff observed that certain aircraft discharged trails comprising of white particulate like matter (“Aerial Discharge”), and which Aerial Discharge would persist and often span across the horizon and across the length of the sky.
The Aerial Discharges slowly dissipated, formed a thin, hazy film across the sky, and would obfuscate the sun’s rays.
The Aerial Discharges dissipate across ranges of altitudes, including lower altitudes. Thus, the Aerial Discharges dissipate in the lower altitudes which include the air that the Plaintiff, his family and the potential members of the Class breath.
The Plaintiff pleads that the Aerial Discharges are comprised of minute particles that are toxic and/or are easily absorbed into the body and the environment, and are thus dangerous when absorbed into the body or the environment.
The Plaintiff pleads that the Defendant, and/or her agent’s or instrumentalities perform the Aerial Discharges over Canadian airspace.
The Plaintiff further pleads that the Defendant knows or ought to know that the Aerial Discharges are dangerous.
11. The Plaintiff relies on his pleadings above.
12. The Plaintiff pleads that the Defendant has a duty to not perform actions that are dangerous to the Plaintiff and proposed Members of the Class.
The Plaintiff reiterates his pleadings that the Defendant engaged in the performance of the Aerial Discharges, the Aerial Discharges are dangerous and that the Defendant knew or ought to have known that the Aerial Discharges are dangerous.
The Defendant has breached her duties to the Plaintiff and the proposed Class by engaging in the performance of the Aerial Discharges.
The Plaintiff further pleads that the Defendant’s actions have caused meaningful damages to the Plaintiff and the proposed Class Members.
The damages include, inter alia, serious injury and, in some cases, death; emotional and psychological trauma; non-pecuniary damages; pecuniary damages; and loss of income.
Nuisance and Trespass
The Plaintiff relies on his pleadings above.
The Plaintiff reiterates his pleadings that the Aerial Discharges are performed by the Defendant in Canadian air space.
The Plaintiff also reiterates his pleadings that the Aerial Discharges dissipate into the lower atmosphere.
As a result, the Plaintiff pleads that the Aerial Discharges permeate and saturate the air breathed-in by the Plaintiff and potential Class Members, and thus, cause serious health problems and injuries.
Further, the Plaintiff pleads that the Aerial Discharges also infect, saturate and damage the environment, public property and private property.
Additionally, the Plaintiff pleads that the Aerial Discharges interfere and impede with the quiet use and enjoyment of the property of the Plaintiff and the potential Class Members.
The Plaintiff pleads that as a result of the foregoing, the Plaintiff and potential Class Members are entitled to the relief sought in paragraph 4 herein.
The Plaintiff proposes that this action be tried in the City of Toronto.
The efforts toward legal action in the US are also pressing forward as rapidly as possible, we hope to have initiation of the US filing underway in the next few weeks.
Support for the non-profit “Stop Geoengineering Legal Defense Fund” is critical in order to keep the legal efforts moving forward. Our legal efforts are not affiliated with any other groups, organizations, or websites.
Though the forward momentum of the legal efforts are extremely important and valuable to the cause of exposing and halting climate engineering, it is imperative for activists in the field to understand and remember that the front line grassroots awareness raising efforts are still critically important, now more than ever.
Exposure of the legal effort needs to be circulated as widely as possible.
This will assist with alerting activists and the public to the ongoing court proceedings which will hopefully help with producing mass public attendance at such proceedings. Reaching a critical mass of awareness on the geoengineering issue is the great imperative of our time, all are needed in this effort.
Waking the still sleeping masses to the ongoing atmospheric aerosol assault MUST BE our TOP PRIORITY, please, help us in this all important battle to sound the alarm.