Library filed under Legal from Ontario
In a decision released on Aug. 13, the Court ruled the City had acted in “bad faith” when council passed “an unwilling host bylaw” in 2014 denying the wind energy company the use of Wild Turkey Road in Manvers Township to access its provincially-approved wind turbine project. The case was heard in April.
Mayor Quaiff wrote the Premier and Ministry of Environment on behalf of the municipality after WPD’s 59 megawatt project was approved imploring them to not only listen but to truly hear their concerns and discuss them with County residents.
NextEra is still SLAPPing her. For reasons the company won’t explain, it hasn’t dropped its litigation. This is more than a story about Goliath beating up on David (or Esther). It’s also fundamentally about freedom of speech and the ability of citizens to speak out against (or, in Wrightman’s case, to make fun of) big corporations.
TORONTO -- An offshore wind-farm developer has won permission to allege in court that the Ontario government destroyed documents relevant to a lawsuit against the province.
As the revised suit – which reduced the claim for damages to $500-million – wound through the discovery process, Trillium found that some government documents it expected to see were not handed over. Now the company has filed a notice of motion asking that its claim be amended to include the allegation of “spoliation,” or the “deliberate destruction or elimination of incriminating evidence.”
“This decision will leave people like my clients, who face massive wind development projects across this province, in an impossible position. The Health Canada Study has already shown an association between the turbines and serious health effects. My clients and other families in rural Ontario will now have to suffer these adverse health effects before they can seek any relief."
The Ontario Court of Appeal ruled on Monday that a 324-hectare, nine-turbine wind farm proposed for the south shore of Prince Edward County puts a population of endangered Blanding’s turtles at risk of dying out in that region’s wetland. The risk is posed not by the wind farm itself but by 5.4 kilometres of roads to and from the site.
The Ontario Court of Appeal has ruled that a proposed nine-turbine wind farm in Prince Edward County would cause “serious and irreversible harm” to the Blanding’s turtle, sending the case back to the Environmental Review Tribunal to determine an appropriate remedy.
The Ontario Court of Appeal has reversed a lower court ruling regarding a Renewal Energy Approval of the 9 turbine Ostrander Point industrial wind project.
A group of southwestern Ontario residents still hopes to proceed with their constitutional challenge of the province’s approval process for large-scale turbine projects despite a demand from a trio of wind-energy companies for $340,000 in legal costs.
“By simply exercising their right to access to the courts, the appellant families now face the disheartening prospect of financial ruin,” their submission states. “When, as in this particular case, the consequence of that access becomes crippling financial loss, ‘access to justice’ becomes a meaningless platitude.”
According to the motion filed this week, the main problem is that the province's Environmental Protection Act allows the government to act "without regard to public health and by denying citizens a means of relief in the face of a reasonable prospect of serious harm."
A key component of the case, she noted, is there are laws in place to protect the Moraine, including one that prohibits building on it. The question is how can the Province circumvent its own laws by granting approval to build wind turbines on the Moraine.
The panel of judges who heard the case found that the tribunal did not make an error in the way it dealt with the families’ claims that their charter rights to security of the person were violated. A lawyer for the families had compared the turbines to new neighbours who might drive you to distraction and out of your home because you have no legal way to deal with the situation.
Two weeks after the REA was issued, Mothers Against Wind Turbines filed an appeal. Board member Linda Rogers said they're fighting “to protect children and families in our communities against the wind turbine emissions.” But Rogers was candid Saturday about the little hope of victory the advocacy group has.
The case has the potential to impose a higher standard on government in protecting citizens from the effects of resource development. Environmental law in Ontario requires members of the public to show “serious harm” to their health ...The farm families argue that the standard should be a “reasonable prospect” of serious harm.
A judicial fight over the future of wind turbines in Ontario wrapped up Thursday with the fate of the province's green energy law in the hands of judges. On one side is big money; On the other are four families in Huron and Bruce counties whose homes are close to dozens of proposed turbines.
Ontario’s Green Energy Act violates the constitutional right of turbine neighbours to live in a place free from the “reasonable prospect of serious harm,” their lawyer says in a case that could have province-wide ramifications. It’s the first constitutional challenge of the turbine approval process to hit the Ontario Court of Appeal.
Mr. Falconer is one of the country’s top constitutional and human rights lawyers. ...Mr. Falconer takes a special interest in holding government to account. On Monday he’ll be taking on windmills. He wants Ontario’s Divisional Court to overturn the regulatory approvals of three projects, the St. Columban Wind and K2 Wind Energy project in Huron County, and the SP Armow Wind project near Kincardine, Ont.
Wind energy may be green, but opponents of a proposed wind farm on the Oak Ridges Moraine worry that five giant turbines will damage the environmentally sensitive area. “There are conflicting values,” said Heather Stauble, a Kawartha Lakes councillor who represents the area where WPD Canada hopes to build its Sumac Ridge wind farm.