Articles filed under Legal from Canada
Rural landowners who are approached to permit a wind turbine or turbines or associated equipment on their acreage badly need sophisticated legal advice on these complex agreements.
The City of Kawartha Lakes has been ordered to pay $30,000 in legal costs after the Court of Appeal upheld a 2015 court decision allowing wpd Canada to use a City road to access its Sumac Ridge wind turbine project. The Ontario Court of Appeal released its decision on Wednesday (June 22).
In essence, the tribunal ruled that whatever the benefits of renewable energy — and whatever a government’s policy interest in promoting it — they do not override the public interest in protecting against environmental harm. (Migratory birds, bats and monarch butterflies were also said to be at risk under the wind turbine proposal.)
A tribunal hearing an appeal of the province’s decision to approve an wind turbine project in Clearview Township has moved on to the next phase of the process.
The Town of Collingwood has spent $187,000 to fight the wind turbine proposal in Clearview Township – and that number could rise by an additional $75,000.
The suit, filed by Trillium Power Wind Corp. in 2011, is over allegations that provincial officials deliberately timed a decision to scrap all wind-farm developments on the waters of the Great Lakes to cause the most damage possible to Trillium so the company wouldn’t have the resources to fight.
Council will appeal the development of wpd Fairview Wind Farm, a controversial wind turbine project the town says is too close to its airport. The fight against the development of the wpd Fairview Wind Farm is going into extra rounds after Collingwood council voted to initiate an appeal against a ministry decision to green light the controversial project.
Abengoa was awarded the contract for 400 kilometres of overhead transmission line on Newfoundland and in Nova Scotia. The power lines are part of the infrastructure that will connect the Muskrat Falls hydroelectric project to the North American grid.
Concerns from Fort William First Nations about the moose and moose habitat, and Horizon Wind Inc.’s failure to address them, is what led to the official denial of the project.
"The Association to Protect Amherst Island remains adamantly opposed to the construction of turbines on Amherst Island and has appealed the MOECC decision to grant Renewable Energy Approval to Windlectric Inc. and plans to make application for judicial review of the application," APAI president Peter Large wrote in a letter to Loyalist Township. "The association also continues to explore all legal and political opportunities to stop the industrialization of Amherst Island."
Mr. Pickens and Mesa Power contend that the Florida company, NextEra, was granted exclusive access through private meetings with important government officials that ultimately tilted the bidding in its favor. The province of Ontario granted NextEra $3.8 billion in energy contracts. Mesa Power contends that $18,600 in donations that NextEra made to the ruling Liberal Party in Ontario before elections in 2011 had undue influence on the auction.
The judge also ruled that the City passed the resolution in a deliberate attempt to keep the Sumac Ridge project from moving forward and that council used its municipal power in bad faith. On Wednesday (Sept. 9) Ward 16 Coun. Heather Stauble told This Week “There is no way you could get an industrial wind turbine down there; you can barely get a pickup truck through.” She said the road would have to be widened and realigned, including cutting all the trees and brush.
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.
Christopher Ollson was paid $20,000 to review docs and appear at Gunn's Hill appeal. Trained in chemical toxicology, he admitted he has taken "one course" in epidemiology and "one lecture" in acoustics, but works for multiple wind power developers in Ontario as consultant, and expert witness
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.