Ontario man wins lawsuit, loses money in BMW EV case, Ronen Kleiman has been fighting a Toronto dealer over his i3’s range for 7 years—here’s how his legal victory is a net loss Matthew Guy , Sept 24, 2024, Calgary Herald
A Toronto man who alleged BMW advertised the 2014 i3 as having a 200-km range just won his suit against the dealer he leased from The judge awarded Ronen Kleiman $5,000 in damages, but said he must pay BMW’s $11,000 in legal fees Kleiman says the result – the lawsuit costing him $25,000 altogether – points to a broken system
Anyone who has ever head the expression “Cut off your nose to spite your face” might want to keep it in mind as we explain the plight of an Ontario man who just emerged victorious in a legal fight with a BMW dealer. While the courts sided with the man and awarded him $5,000 in damages, he remains on the hook for the automaker’s legal fees in this case — a sum totalling over $11,000. All in all, the lawsuit’s cost him $25,000 , he told Automotive News .
That’s what economists call a “net loss.”
Back in 2017, Ronen Kleiman took umbrage with the advertised range of the all-electric 2014 BMW i3 he law leasing from dealership BMW Toronto. Kleiman felt marketing for the car was misleading and that the range estimates were too optimistic, while BMW steadfastly asserted that EV range is deeply impacted by personal driving habits and the environment in which the car is operated.
Documents suggest Kleiman was under the impression, through information gleaned from BMW Canada marketing materials, that his car was good for up to 200 kilometres of all-electric driving range in Eco Pro or Eco Pro+ mode. The defendant alleged he could barely get three-quarters that figure, citing a 160-click journey in which the car provided only 158 km of total range. This despite apparently favourable weather and a lack of extra cargo in the car.
Interestingly, Kleiman argued that, shortly after launching his suit, BMW quietly updated its website to say the 2014 i3 was actually only good for 130 kilometres of range in Comfort mode, or 160 km in Eco Pro mode — sums which are actually bang-on with what Kleiman reported. The company denies ever saying the car was good for 200 clicks.
In any case, an Ontario Superior Court of Justice has just handed Kleiman the win in the case. But the $5,000 in damages he was awarded – he was seeking $25,000 – might feel like a hollow victory. We say that because throwing a wrench in the works is a report BMW actually offered Kleiman a $10,000 pretrial settlement, double what he ended up getting. He says he turned it down because “it included a nondisclosure clause, and he wanted the public to know what the company allegedly did, ” reports News . In fact, it was his rejection of that offer which apparently played a role in the judge deciding Kleiman should be responsible for BMW’s $11,000-plus legal fees.
An archived report from the CBC published around the time Kleiman launched his legal challenge says he was paying $970 per month on a four-year lease for the i3 . We’ll let that sum percolate as an addendum to the news the plaintiff is now underwater on those legal fees. “The system is such that if they break the law, there is no remedy unless you are ready to lose and pay out of pocket to hold them accountable,” Kleiman said.
Refer also to:
Non-Disclosure Agreements “are, indeed, an ugly instrument.”
Meanwhile next door in Pennsylvania, another sexual predator – Rep. Mike Vereb, R- Montgomery – happily waltzes on via NDA enabled by Gov. Josh Shapiro. Disgusting.
Jessica Denson v. Trump wins “Total Victory for Transparency! … Nothing was hidden in the end.” Best: Trump can’t appeal. Brava Ms. Denson, NDA killer! Law Prof Alan Garfield: “People with wealth and power have for far too long abused nondisclosure agreements to suppress information of vital public importance, including information about dangerously defective products [e.g. frac chemicals], violent sexual predators, and, in the case of Trump’s wildly excessive NDAs, about a candidate for the nation’s highest office. It is time for courts to end this abuse.”
Rape Religion might bankrupt San Diego catholic diocese with $550Million US in settle ‘n gags (that already paid $200Million in 2007 for other rapes) after lifting statute of limitation is followed by 400 lawsuits alleging priests raped kids. Parishioners will need to give more of their life savings into donation plates to keep pedophile priests raping their kids. Why not stop enabling evil and stop attending the catholic church?
East Palestine Ohio toxic train derailment: Chickens, fish, pets, livestock dying; fallout over much of Ontario and Quebec. Norfolk Southern Railway Co, market value $55 Billion (rejected safety measures), offers residents $5 each for ordered evacuation (or face death) to flee toxic fumes. For the stingy $5, will residents have to sign NDAs (gags) and forfeit their right to sue?
Another frac ‘n gag to cover up frac damages? Cuadrilla signs non-disclosure agreement with UK’s national earthquake monitoring agency, British Geological Survey, to ‘destroy confidential documents’ and release operational data only at company’s request
The Rule of Gag: Alberta Rules of Court Amendment Regulation (AR 36/2020) *confidential* dispute resolution (ADR) for civil actions. USA: “Lighting strike more likely than forced arbitration win.” Of 60 million employees *forced* into arbitration, only 282 awarded damages. “The U.S. Supreme Court drew a road map to give immunity to these corporations.”
Sacrificed in frac zones: “Something just blew up!” Again and again and again. Another frac harmed family settles ‘n gags, enabling plenty more harms to come for many more.
Frac’ers rape the rule of law and gag Canadian First Nations under the guise of “Benefit Agreements”
Murray Sinclair defines the oil & gas industry’s most evil tool: Coastal Gaslink Pipeline Ltd.’s community-benefits agreements with elected Indigenous chiefs and councils are “Promise payment for silence” aka gag orders.
Pennsylvania escalating youth cancers in frac fields, Excellent response to Marcellus Shale Coalition’s latest propaganda: “We get it Mr. Spigelmyer, your job is to sell fracking…. We know the facts on the carcinogens your industry produces as do you, the endocrine disrupting chemicals it hides, and all the gagged litigants who held the smoking guns .”
How is settle and gag a “big win” for anyone but the human rights violating company eager to reopen their mine?
Another frac ‘n gag to cover up frac damages? Cuadrilla signs non-disclosure agreement with UK’s national earthquake monitoring agency, British Geological Survey, to ‘destroy confidential documents’ and release operational data only at company’s request
“Justice” system loves a good cover-up? Parents of Rocky View public school district student strangled by non-breakaway lanyard (donated by a corporation), settle lawsuit, keep dollar amount secret. Media seeks gag opened; Alberta court slams the door shut to ensure others filing lawsuits settle ‘n gag too, knowingly keeping the public (and our children) in harms way.
“Unconscionably Unjust!” “Beyond the Pale!” Legal gag at it’s most vile: Protecting known multimillionaire pedophile Epstein and entire network, aided & abetted by? Lawyers! “Non-prosecution deal” gave Epstein and his pedophile ring immunity from all federal charges. How many churches & law societies? Will lawyers & judges hammer out another humdinger of a gag to make sure the world never finds out?
“Klippenstein, admittedly, ‘would not be the person’ he is ‘without freedom of thought and expression,’ so where’s his outrage at the legal suppressing of those freedoms – aka gag orders? And who would he be then, with his mouth legally taped shut?” Comment to Andrew Nikiforuk’s article in The Tyee on Klippenstein & Wanless quitting
Addicted to Gag: What gives with these abusive judges?
Chester County, Pennsylvania: Tormented by Hell Holes (sink holes), Then your home bought out & family gagged
“Justice” rears its farcical head, yet again. Radio reporter obtains judge-ordered frac harm settlement ‘n gag, but court stifles him! $3M settlement accidentally made public for 8 plaintiffs against Range Resources & ten other codefendants. Two plaintiffs feel “angry and defeated” by their settlement.
Drilling, Frac’ing, Mining, Spills, Corporate Law Violations & Toxic Waste Dumping Everywhere with Water Gone or Gone Bad Everywhere too. Where are the courts? Busy gagging the harmed, protecting the water abusers and their enablers – the “regulators.”
Another frac lawsuit bites the dust, Frac’d & contaminated aquifers for Pavillion Wyoming community not yet repaired: Jeff & Rhonda Locker settle with Encana & gag on their contaminated drinking water
Doug Hendren: Fracking is Everywhere; We’ve got gag orders, no tape recorders, … ‘Cause the judge says that it ain’t legal, Walking ‘round, talking to people.
Another frac harm lawsuit gags: Settlement reached between two Oklahoma oil and gas companies and Prague resident Sandra Ladra injured in 2011 earthquake
After Supreme Court of Canada denies Ernst her guaranteed Charter right to seek remedy for her valid Charter claim against the AER, Judge acquits activist who bared breasts at Montreal Grand Prix: ‘It’s a victory for freedom of expression,’ but not if you are exposing Encana illegally frac’ing & contaminating your community’s drinking water supply with the “regulator” violating your rights trying to intimidate & gag you
“The Alberta Model” Greedy & Gagging in Nova Scotia: Triangle Petroleum leaves taxpayers to clean up frac sites & waste pits, Gags Energy Dept
Another Alberta farm family poisoned by the oil and gas industry, and their Alberta lawyer Kieth Wilson, settle & gag & betray the public interest: The Sakens settle with Bonavista Energy after area aquifer and farm at Edson contaminated with toxic chemicals. Where’s the AER? Where’s the punitive fine? Where’s Alberta’s Energy Minister? On another cushy trip to China with Encana?
The Many Harms of Synergy Pound On: McLeod Lake Indian Band settles and gags, pulls out of lawsuit. BC Hydro: “the details of the (Impacts Benefits Agreement) are confidential.”
More Frac Fraud: Stealing from a School District, then Gagging it. Texas Attorney General Orders Chesapeake & School District Confidential Settlement Agreement Opened
Jury awards two Dimock Twp. families $4.24 million after Cabot offered a few thousand to Gag & Settle; Cabot plans appeal alleging ‘improper conduct’ by the families’ lawyer
Albertans battered by oil and gas industry ask for help too, never get it unless they sign freedom of speech violating gag orders. “It never hurts to ask” says CAPP. OK. When’s CAPP gonna fix Rosebud’s dangerously contaminated aquifers illegally frac’d 11 years ago by Encana and fraudulently covered up by “World Class, Best in the World” AER? Why are residents paying for Encana’s intentional frac fiasco?
Tara Australia Residents Want Out: Brutal betrayals, Greed & Gag Orders, Losing Health & Home. Synergy Strikes, Again.
Dr. Alfonso Rodriguez challenging Pennsylvania’s Act 13 Gag Rule which prohibits disclosure of frac chemicals, even by doctors treating patients poisoned by fracing unless they sign strict confidentiality agreements
Shell May Nix $90M Legal Settlement With Carson, California, Contaminated with Methane and Benzene, Because Gag Order Breached
The arsonists of Fort McMurray have a name; “Cone of Silence” over Fire Ravaged Fort McMurray: “Anybody allowed access…had to sign non-disclosure agreements not to share what they saw.”
Baytex Finally Successful, Gags & Settles Poisoned Alberta Families: Does a lawyer-touted “positive outcome” of displacing and gagging poisoned families, stop the poisoning? “Our house is contaminated…there’s a smell now…Part of the torture of all this is not only abandoning our farm, but the health experts…told us we shouldn’t bring anything (with us).”
Above photo of Baytex gag order against Albertans it poisoned
I will not Synergize or Gag and Settle presentation by Jessica Ernst at Our Water ~ Our Future 2014, May 23 & 24 in Courtenay, BC
BIG SECRET: LOTS OF TAP WATER CONTAMINATION CASES CAUSED BY FRACING, CONVENIENTLY HIDDEN FROM THE PUBLIC! Legal brief filed with court in Harrisburg, PA, regulator “practice” not to issue violation notice, fines, formal contamination determinations where shale gas/frac companies reach private (“gagged”) settlements with water well owners
Alberta Fort McKay First Nation reaches deal, signs Gag Order, drops lawsuit against Athabasca Oil Corp
Gagged by B.C. Court of Appeal, fish-farm foe Staniford awaits decision by the Supreme Court of Canada on whether it will hear an appeal
Baytex Gag Order and Can You Silence a Child? Inside the Hallowich Case; Peut-on empêcher un enfant de parler? Le cas des Hallowich
The Colbert Report on Fracking Flaming tap water and the Hallowich children Gag Gift by Range Resources; Fracking Gag Orders For Kids Go Too Far
Fracking ‘silence’ for life: Gag orders on children & censored government data
Children given lifelong ban on talking about fracking,Two Pennsylvanian children will live their lives under a gag order imposed under a $750,000 settlement
Known mafia tactics used by drilling and fracking industry, Lifelong ‘frack gag’: Two Pennsylvania children banned from discussing fracking
Steve Harper’s Gag Orders Sweep While Canadians Sleep
In Gasland sequel, fracking saga’s pressure ratchets up but by the end many go silent with settlements and gag orders
State’s ‘Medical Gag Rule’ Called An Illegal Gift to Gas Drillers
FRACKING: Pennsylvania Gags Physicians
The New York Times: Drilling Down, Deep Frac’ing by Kaiser Gas Co Contaminated West Virginia Water Well Rendering it Unusable and There May Be More Gagged by Nondisclosure Agreements
