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)
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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