Ark Fault Circuit Interrupter

November 19th, 2017

Regular readers will recall Anthony Toderian.  Early in the Government’s litigations against PS Knight, it fell to Anthony Toderian to give media briefings on the position of the Canadian Standards Association (CSA).

This guy was gold for us.  Toderian put his proverbial foot in it in every interview.  His claims were so joyously farcical that we started linking him to Muhammed Saeed al-Sahaf, the infamous everything-is-fine Iraqi Information Minister. 

Well, our entertainments came to an end when Toderian left CSA for a more prestigious position doing nothing.  He’s unemployed.  Still, that’s progress.

Anyway, while Toderian was “responsible for advancing the CSA Group brand identity and reputation online,” ahem, Ark Tsisserev is the Chair of CSA’s Canadian Electrical Code Committee as well as its subset, the Code Executive Committee.

Just like Toderian, Ark Tsisserev is compounding his employer’s problems.  As we reported in June, Ark was caught quoting from Canada’s electrical laws in a national publication without permission or attribution.  That’s a problem for CSA, because of the Ruling that electrical law “does not belong to the Crown.”  That is, however absurd it may seem, electrical law is now privately owned and nobody, including Ark Tsisserev, can quote from it without permission, payment of royalty, etc.

We sent an inquiry to the “national publication” (Electrical Line magazine), asking them what permissions they had received to quote the law.  They ignored the inquiry.

Then came the May / June edition of Electrical Line.  This featured another long article by Ark Tsisserev, again quoting extensively from the law.  The July / August edition did the same.  In the Sept / Oct edition, another Ark article, and another long series of illegal quotations.

We have respected the Federal Court Ruling, but CSA is violating it at will, seemingly casually, and without consequence.  In this, Ark’s articles are awfully awkward.

You see, as the provincial governments are ignoring the Court Ruling, and as the Federal Government is ignoring it too, and as the industry as a whole is ignoring it, and as the Courts are ignoring their own Ruling, and now as the CSA’s own Chair of their own Committee is ignoring the Ruling, then it gets more implausible that any honest Court would uphold such a universally ridiculed Ruling.  The CSA is violating a Court Ruling in its own favour, one that it had fought hard for, and that purportedly benefits all CSA acolytes.  This conduct doesn’t enhance their credibility when defending that same Ruling on appeal next year.  In this, Ark Tsisserev cornered his employer on our behalf.  And it gets even better.

“Good morning Birinder,” we wrote, “we met a couple of days ago at CEO Roundtable….”  I attend a corporate strategy group called CEO Roundtable, its membership includes executives, board members, the high and mighty, and then there’s me, obviously, Captain of Industry.  It’s a great place to scout for talent.  And Birinder is connected to a lot of talent.

The letter continued; “My company is looking for an electrician / electrical engineer to furnish writing and editing for the next edition of the Electrical Code Simplified series of instruction manuals.”  We assemble a small committee of big minds to redraft our books in every new edition of electrical law, and electrical laws are being amended early in 2018.  In this, I was looking for committee members.

Since the Government launched this lawsuit in 2012, it’s been much harder finding talent.  The CSA had been blacklisting us for years, and the litigation’s put their efforts on steroids.  The CSA has been sending letters to our distributors for instance, telling them that it’s illegal to do business with us.  They’ve been calling our vendors too, warning them that they’ll get “curb stomped” if they keep their contracts with us.  It’s nasty, and it’s hard to stay in business when governments behave this way.

Well, earlier this year we discovered that CSA was upping their efforts to kill us off.  The blacklisting of PS Knight was very aggressive.  All of our existing committee members refused to work with us for fear of CSA reprisal.  My scouting for electrical talent then, was all the more important.

Birinder got back one month later, saying; “Unfortunately, our firm’s leadership group has stated that they are not interested in pursuing this opportunity due to the long standing dispute your company has with CSA.  In addition, Ark Tsisserev, who is heavily involved with CSA, works for our firm and has also expressed disinterest.”

While threats are usually issued by phone or private meeting -anything but in writing- here we have written confirmation that CSA relationships, including their Chair, actually referenced by name, are responsible for the constriction of our business activities. 

Were that all there was, we’d have an annoyance of course, but not evidence of collusion.  But that’s not all we’ve got.

People make mistakes with email programs, I’ve personally made embarrassing errors by hitting the forward button instead of the reply button.  It happens to the best of us, and the worst.  I know, because it happened to Ark.

You see, our friend Birinder had blind copied Ark Tsisserev in his response to me, in shutting me down because of CSA’s litigations.  Ark wanted to respond to Birinder, but he accidentally forwarded his email to me instead.  Aint that great?

That’s the right word for it.  “Great,” said Ark, “my name will certainly scare him away.”  And so on…

That’s gold folks, on a Toderian scale.  A high-end bottom feeder just faulted himself, and his employer, and in writing, for blacklisting a competitor and litigant from access to talent within the market controlled by CSA.  We’re so pleased with this, we’ve already used it in a Federal filing. 

Just like Toderian, Ark Tsisserev has through bumbling and arrogance been contributing to our defence against his employer.  And he’s been doing so in a year that’ll be crammed with Court hearings, Ruling appeals and the lot.  And as for our next edition, well, we found some top talent anyway.

Hold on folks, 2018 could be quite a ride.