THUNDER BAY – City of Thunder Bay Legal Counsel received notification this afternoon that the Superior Court will not stay, or put on hold, Horizon’s action for breach of contract pending resolution by an arbitrator. Superior Court Justice Whitaker ruled the arbitration clause applies only to disputes under the Lease and not disputes under the Option Agreement, which is the subject matter of Horizon’s dispute before the Court.
City Manager Tim Commisso stated, “We are disappointed with the outcome of this preliminary procedural motion as our view is that a favourable decision would have allowed the matter to be dealt with more efficiently and quickly, which is a benefit to both parties. We are preparing for the next steps and will be reporting to Council on Monday. This is a serious legal matter and our position has not changed. The City has been responsible and fair and the City will continue to defend itself vigorously”.
The law suit between the City of Thunder Bay and Horizon Legacy Energy Corporation, Horizon Wind Inc., Horizon Wind Limited Partnership, Big Thunder Wind Park Inc. or Big Thunder Wind Park Limited Partnership stems from a decision by Thunder Bay City Council to move the proposed wind turbine sites.
“Horizon Wind Energy LLC has no affiliation with Horizon Wind, Inc. and is not involved in the Thunder Bay project. Horizon Wind Energy LLC is based in Houston, TX, and manages their Canadian company under