Articles filed under Legal from Ontario
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.
The Ontario Ministry of Labour just issued 10 orders against CS Wind — such as requiring training, new protocols and guardrails — after a worker’s feet were pinned by a sheet of metal Tuesday. A report obtained by The Windsor Star shows that the Ministry of Labour issued more than 80 orders between September 2012 and February 2014.
Those living close to the projects asked Leitch to stay – or set aside - the renewable energy agreements issued in July that would build 159 wind turbines near Seaforth and outside of Goderich.
Construction of what would be one of Ontario's largest wind farms can continue, despite an ongoing legal attempt by a farm family to scuttle the $850-million project, a Divisional Court justice has ruled.
Documents filed in support of their request show Shawn and Tricia Drennan are concerned about the potential harm the 140-turbine K2 Wind project near Goderich, Ont., could cause them.
“If you had been caught speeding on Twenty Road, you wouldn’t get a redo,” said Hudak, speaking on the province’s approval of the amended application. “It only makes sense for the government to follow its own laws.”
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,”
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.”
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.