Articles filed under Legal from Canada

Appeal delays Grand Bend wind farm

Preliminary work for the wind farm will likely start later this year, but major construction won’t begin until the appeals are settled. “Our company policy is not to do much during an appeal process,”
9 Jul 2014

McGuinty government changed green energy rules to benefit Liberal-linked firms, court filing charges

A U.S. wind power developer that is seeking $653-million in damages under a NAFTA challenge accuses the government of Ontario of manipulating Green Energy Act rules to benefit the interests of Liberal-connected firms. ...The court filing, recently made public in the case that pits Mesa Power, a Texas-based developer owned by U.S. financier T. Boone Pickens, against the government, alleges Ontario replaced “transparent” criteria for the selection of energy projects with “political favoritism, cronyism and local preference.”
9 Jun 2014

Armow wind appeal dismissed

The renewable energy approval puts the burden of proof on the appellants to prove serious harm to health from the project, and the tribunal found they did not prove it to a level of scientific certainty. That's despite testimony from several property owners who say they experience health problems.
23 Apr 2014

Stay granted: Work at Ostrander Point is stopped until an appeal decision is rendered

In a surprising twist of the plot, the Ontario Court of Appeal granted a stay last week, barring a developer from proceeding with construction of an industrial wind turbine project at Ostrander Point in North Marysburgh. The court went further—seemingly pushing open a wide doorway through which the Prince Edward County Field Naturalists will pursue an appeal to a Divisional Court decision in February that restored the Renewable Energy Approval (REA) permit to a unit of Gilead Power Corporation.
4 Apr 2014

Decision by Environmental Review Tribunal expected Monday

Tim Verbeek has grown increasingly frustrated watching two wind turbines be constructed, despite the fact his family business has an appeal concerning the structures before the Environmental Review Tribunal. A decision is expected Monday over the turbines, and Verbeek, whose family owns Platinum Produce greenhouse said it appears a concerted effort was made to get the two turbines erected before the decision is handed down.
26 Jan 2014

Might v. right

For decades, despite lavish subsidies raining upon the fledgling industry, corporate investment largely stayed away from the wind energy business. It was only when the Green Energy Act was passed, lowering/eliminating environmental protections, did investors see a clear pathway to profit. The game was rigged. All developers had to do was step up, do some paper work and wait for the money to roll in. The decision to revoke Gilead’s Renewable Energy Approval (REA) sent shock waves through the entire wind industry.
17 Jan 2014

Precedent setting decision stops wind turbine construction

The motion, decided by Executive Chair Lynda Tanaka who oversees the ERT, OMB and three other tribunals, temporarily stops the construction of two turbine towers during the appeal of the Ministry of the Environment's approval of the project. The Appellants, Skydive Burnaby Inc. and the company's co-owner Mikel Pitt, argue the turbines are too close to their skydiving school.
13 Dec 2013

Judge awards costs to wind company

Madam Justice S.E. Healey awarded wpd Canada and the Beattie family businesses nearly $110,000 in costs for their defense of a challenge by local landowners to wpd’s proposed Fairview wind project. a ruling handed down in May, Justice Healey determined the group couldn’t legally challenge the project until the project receives approval from the Ministry of the Environment.
26 Jul 2013

NextEra sues activist for use of "offending logo" and video

NextEra wants Wrightman to remove all references to NextError and Next Terror and a video showing the company cutting down an eagle's next in Haldimand County. It's also seeking damages saying Wrightman may have gained financially through donations to the website for various wind groups. Wrightman, who is representing herself, says the fake logos are parody.
3 Jun 2013

Superior Court decision states Charter Rights must be considered in SWEAR case

A long awaited decision has been reached in the SWEAR (Safe Wind Energy for All Residents) case, which resulted in Justice Duncan Grace staying the proceeding until such time as a Renewable Energy Approval (REA) is granted for the K2 Wind project. ... the greater issue is the Charter Challenge, specifically the guaranteed security of the individual. "The Charter is the government's promise in Canada, guaranteeing that we will have security to conduct our affairs and lives in relative peace.
2 Jun 2013

Fight was worth it

Though it was officially a defeat, Wainfleet Mayor April Jeffs isn't taking the court decision regarding its 2-km wind turbine setback bylaw as a total loss. "We grabbed the attention of the public," she said.
19 Apr 2013

Ontario court dismisses offshore wind damages claim

On October 5, 2012, the Ontario Superior Court of Justice delivered its decision with respect to Trillium Power Wind Corporation v. Ontario (Natural Resources) by striking out the action brought by TPWC against the Ontario government seeking $2.5 billion in damages in relation to the province's February 2011 moratorium on offshore wind farms.
7 Nov 2012
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