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.
Articles filed under Legal from Ontario
Eric Gillespie, lawyer for the field naturalists, said his client is “expressing some concern” about parts of the ruling and is considering whether to take the divisional court ruling to Ontario Court of Appeal.
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.
The group Manvers Wind Concerns (MWC) and the Cham Shan Buddhist Temple filed the appeal on Dec. 23. Coun. Stauble said when five wind turbines for wpd Canada’s Sumac Ridge project were approved in December, the Province virtually ignored the 2,874 comments from the public opposing the turbines.
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.
Trillium Power Wind Corp. has won an appeal that will allow it to proceed with a $2.25-billion lawsuit against the government of Ontario for imposing what the company alleges was a politically motivated moratorium on offshore wind farm development during the 2011 election.