Nexterror Energy sent me a ‘cease and desist demand’. What would you do?

Nextera-Nexterror letter from lawyer Nextera-Nexterror letter from lawyer 001

“Offending” material:
Video: Wind turbine company Nextera & MNR destroy Bald Eagle Nest & Habitat in Haldimand Cty, ON
Video: Nextera Energy in damage control mode on Eagle Nest removal


NexterrorBullies
nexterror

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105 Responses to Nexterror Energy sent me a ‘cease and desist demand’. What would you do?

  1. ruralgrubby says:

    But it’s o.k. to claim that people who are hurting living next to turbines are simply psychosomatic, NIMBY’s and fear mongering. Sheesh!!

    • suspicious and dismayed says:

      What a bunch o’ thugs. Somebody should complain about ‘em to the Law Society of Upper Canada. “Bullying,” “unethical conduct,” FRAUD! They should have their licenses revoked.

      Perhaps their clients would like to know their lawyers are negligently misrepresenting about industrial wind turbines?

    • 1957chev says:

      Maybe we could negotiate….if they cease and desist with the turbines, we will not say nasty things about them….as a matter of fact, if they pack everything up, and go away quickly, we will swear we have never even heard of them. It is a win-win situation.

  2. Randy Cross says:

    Just move on……..and create another website….

  3. icanseeclearly says:

    First thought is that I would not be intimidated into thinking I was beholden to them in any way whatsoever. Whether or not I were to choose to remove or alter the youtube posting, I would ignore their request to “confirm that you have done so.”

    They ought not try to reach people by phone. This is intrusive, and possibly actionable, I would think, though I am not a legal expert. Did they leave a voicemail message? How many times did they call?

    I would stay in my power – and act from that place. And I would rally/ call for a meeting of my supporters.

    And blog about it, of course.

    Thank-you, Esther, for all you do, and for staying in your power.

  4. mary says:

    well I know what I’ll be sharing and posting today….looks like a nerve has been struck We the residents of Rural Ontario demand that Nexterror cease and desist bringing harm to it’s residents and wild life.

    freedom of speech….is that the next right to be taken away??

  5. Gears says:

    First, get a legal opinion with respect to their claims. If the opinion is yes, you make a choice of either compliance or ‘in it to win it’ and perhaps deal with the consequences IF you want to call it a bluff and they choose to pursue it. “Big American power company sues Ontario resident because she called them a name.” is not a headline any company wants as it does damage their brand (obvious comments on this omitted). I wouldn’t be surprised if their phone call was to “make you an offer” to go away.

    Either way, make sure as many media outlets know as possible…big company pushes around resident is prime time news.

    May also wish to fold it up into a paper airplane, stuff it in an envelope and courier it right back to them. Oh…and a picture of the image below, but turned 90 degrees counter clock wise.
    _
    ____
    _
    _

  6. ruralgrubby says:

    Well would there not have to be some PROOF that the info. is causing harm, ruins reputations or hurts Nextera’s ability to engage in their occupation. Seems to me the info. is one of public service and provides greater public awareness of Nextera’s activities and how they conduct themselves as a business.

    • Sylvan Bob says:

      Right. There are no peer-reviewed studies showing a direct causal link between Esther and NexTERROR’S – sorry – Nextera’s sagging reputation.
      Actually we think their PR problems are probably due to the NOCEBO effect (see Chapman). Nextera (AKA NexTERROR, aka Next ERROR) just thinks they are being hurt because their lawyers tell them they are being hurt. This is because, win or lose, the lawyers will make money and that’s what it’s all apart.
      Also, we suspect this lawsuit is being secretly backed by the coal and gas industry, the Rockefellers, the Illuminati, the Daleks and, for all I know, the Sons of Zion.
      The comments above are mine – not Esther’s. I want my own Cease and Desist letter.

      • 1957chev says:

        Do you have cease and desist letter envy?….if so, maybe you can insist on several letters. Personally, I thought that their new name was not only clever, but very appropriate. Would they prefer, Next error? Can you exchange those letters for a reduction on your electricity bill?

      • windaction says:

        Hey Bob- I think they’ll have one at your door tomorrow morning (-; I’m so thankful there is NO direct causal link- that’s what I thought too….they did it to themselves…

    • WillR says:

      They are not claiming harm — as such. Simply use of their IP — i.e. their logo and their name. Read the letter. They want her to stop altering their logo “in parody of their good name” (my paraphrasing).

      That is an entirely different issue than “harm” — though they do use the word “defame” which implies harm.

      It’s hard to discuss this if we don;t get the facts right…

      • snowball says:

        don’t comedy shows like 22 minutes and the air farce etc do this all the time with brand names?

      • WillR says:

        Snowball:

        Yes — but they are all left wing liberals and buddy-buddy with so many people in positions of power…

  7. jayt90 says:

    Bravo!!

    The nearby displaced eagles certainly experienced fear and terror, so the title is appropriate.

    We should all copy the letter and send to curious members of the press. And interested politicians.

    I wonder how much a McCarthy letter costs?

    Anyone else hate lawyers? Up for a fight? Slingshots at Goliath?

  8. wind wraith says:

    Esther, you are a HERO whatever you decide to do!!!!!!

  9. WillR says:

    As I understand it I think parody is permissible. NextEra (An American Company from the state of Florida) is certainly a public figure in the ongoing campaign to industrialize the farming communities for Ontario Canada.

    It seems their legal position is that you cannot make fun of them by disfiguring their logo in an obvious (and very humorous) way.

    My personal experience with this law firm is that they do not always get things right. If experience bears out here the letter was probably composed by an articling student looking for practice and signed by a partner…

    http://www.mccarthy.ca/lawyer_detail.aspx?id=3147

    Awanish (Awi) Sinha is a partner in our Litigation Group in Toronto. Awi’s practice focuses on:

    infrastructure litigation, including bid/tender procurement,
    P3 project financing, and construction disputes;
    energy sector projects and related disputes;
    commercial litigation, including commercial leasing, real property/asset sales, and complex service contract disputes; and
    medical defence work for the Canadian Medical Protective Association on behalf of Ontario physicians in civil, criminal and disciplinary contexts.

    Awi is an experienced trial advocate. He has appeared before courts at all levels in Ontario, including the Court of Appeal, as well as the Federal Court Trial Division and the Federal Court of Appeal, and various regulatory tribunals. Awi also emphasizes the need for commercial organizations and government institutions to engage in on-going evaluation of litigation risk to protect their business interests in any large project initiative. He has significant experience advising clients on risk management processes both to avoid and to be prepared for unavoidable litigation. E-MAIL asinha@mccarthy.ca

    Not a lot of experience in this field though — the defamation, libel and slander area…

    As I recall our constitution guarantees freedom of expression. Maybe they have a different opinion… I am guessing this case would revolve around whether the company was a “public figure” and whether the parody was permissible in attacking such a public figure. But, how would I know…?

    Just sayin’

  10. WillR says:

    Maybe people should contact them and let them know their feelings:

    NextEra Energy Canada, ULC
    Attention: (Please indicate your area of interest, e.g. Employment, Purchasing, etc.)
    1720 – 390 Bay Street
    Toronto, Ontario
    M5H 2Y2
    Phone
    416-364-9714 – Main number

    NextEra Energy Resources, LLC
    Attention: (Please indicate your area of interest, e.g. Employment, Purchasing, etc.)
    P.O. Box 14000
    Juno Beach, FL 33408-0420
    Phone
    561-691-7171 – Main number
    888-867-3050 – News media inquiries

    Interesting to note that the address is kept “quiet” in the US… Just speculating quietly as to why…????

    Companies like NextEra (Of Florida) are always interested in hearing from enthusiastic supporters. Of course the may view the Denizens of this blog as undesirables…

    I don’t buy anything made in Florida these days…

  11. jayt90 says:

    Reblogged this on alvinstonian.

  12. PattyJ says:

    I just posted the allegedly offensive logo’s on my facebook page. One is now my profile pic! I encourage all of you to do the same! What a great publicity campaign by Nexterror!!!

    • icanseeclearly says:

      Brilliant, PattyJ. People are shocked and appalled by the removal of the eagle’s nest, and as many as possible need to know about the evil intent and bullying tactics of wind companies. Through media such as Facebook, good shall prevail.

  13. Largest Turbine in Daltons front yard says:

    If you require money for a lawyer let us know we can all help

  14. WillR says:

    Of course a lot of people may find this offensive — if they live in Florida:

    http://www.bloomberg.com/news/2012-12-13/nextera-s-florida-power-wins-above-average-returns-in-rates-1-.html
    NextEra Energy Inc. (NEE)’s flagship utility Florida Power & Light won state approval today for a $350 million electricity rate increase and above-average return on equity after last-minute concessions to regulators.

    A revised agreement between NextEra, based in Juno Beach, Florida, and groups representing large business and government customers was approved by unanimous vote of Florida Public Service Commissioners meeting in Tallahassee. It sets rates for the next four years for Florida Power’s 4.6 million homes and businesses, the most in the state.

    It looks like they are making a name for themselves as “enthusiastic” profit earners. Nothing wrong with that!

    • Marcelle says:

      NextTerror!
      NextTerror!
      NextTerror!

      Ya, bite me you bullies!
      Stand in your power Esther and don’t flinch – you are not alone with this. I’m standing right there beside you sister.

  15. WillR says:

    Good corporate citizens all at NextEra.:

    http://standupfl.org/2012/05/25/fplshareholderprotest/
    NextEra Energy, the parent company of Florida Power & Light (FPL), was forced into the spotlight today as shareholders challenged the company’s request for a rate hike while making nearly $7 billion in profits over the last three years and paying no federal income taxes.

    Outspoken shareholders put chairman and CEO Lewis Hay III on the hot seat during the annual shareholder meeting. Mr. Hay answered many of the questions, but got frustrated when asked about paying no federal income taxes. He admitted that NextEra had paid no federal income taxes, but was disingenuous when he put the onus for that on the federal tax system. As Mr. Hay tried to move forward in the agenda about 10 shareholders stood up in unison. They unfurled a $2.4 billion past due tax bill, revealed T-shirts reading “Pay Your Fair Share,” and filed out chanting the same. The shareholder meeting was suspended for about 10 minutes. The departing shareholders joined more than 40 protesters outside, who came from as far away as Miami to get their message heard.

    It’s tough work saving the planet — guess they deserve it.

  16. Jack says:

    I am glad that you taped & shared both of these REALITY episodes. It includes all the epic drama of a good show, sadness, devastation, confrontation – you couldn’t have scripted the guy in the black mask any better for stupidity & comedy relief. I have heard – It is easier sometimes to ask forgiveness after then to ask for permission first. Once again the MIGHTY turbine companies prove – We got (underhanded) permission, SO sad TOO bad – WE can do what WE want – LIVE WITH IT. KINDA makes you feel all warm & fuzzy – sorry Nextera – If the shoe fits a bit tight – I hope it does cut off your circulation.

  17. WillR says:

    And speaking of Glass Doors…
    http://www.glassdoor.com/Reviews/NextEra-Energy-Resources-Company-Reviews-E221824_P2.htm

    Whew! Worth a look!

    Advice to Senior Management – Keep up the good work. There are no changes necessary as the company is functioning optimally. Your best employees will work at other companies.

    Says it all — eh?

  18. WillR says:

    Maybe you are effective… is that the problem?

    NextEra protests
    https://www.google.ca/#hl=en&sclient=psy-ab&q=NextEra+protests&oq=NextEra+protests&gs_l=serp.3..35i39.2705.2705.0.3231.1.1.0.0.0.0.74.74.1.1.0…0.0…1c.1.8.psy-ab.CivLdUPwuZQ&pbx=1&bav=on.2,or.r_cp.r_qf.&fp=5774fa04b0a4f27a&biw=1269&bih=701

    Just sayin’

  19. PattyJ says:

    Time for a Nexterror Pipeline Video Game!

  20. WillR says:

    Maybe a protest would be an original idea…
    https://www.google.ca/#hl=en&sclient=psy-ab&q=NextEra+protest&oq=NextEra+protest&gs_l=serp.3..35i39l2.76022.78041.0.78575.8.8.0.0.0.0.194.795.6j2.8.0…0.0…1c.1.8.psy-ab.P_hnjOM7uMk&pbx=1&bav=on.2,or.r_cp.r_qf.&fp=5774fa04b0a4f27a&biw=1269&bih=701

    Naw… Gues snot!

  21. WillR says:

    It’s the letters that warm your heart in this article…
    http://www.palmbeachpost.com/news/business/nexteras-lew-hay-receives-prestigious-national-awa/nTsMw/

    JUNO BEACH — NextEra Energy Inc. Executive Chairman Lew Hay has received the Edison Electric Institute’s Distinguished Leadership Award, the company said Thursday.
    The company’s subsidiary Florida Power & Light Co. was given the EEI’s Emergency Assistance Award for its power restoration in the Northeast following Hurricane Sandy in October and the Super Derecho storm in June. FPL is one of 15 companies honored for its assistance work following the two storms.

    Heart warming story, no? Read the letters!

    • harvey wrightman says:

      They are notorious…”FPL SUCKS. Next Era means Next Evil. The company has been committing fraud for years. Their Nuclear Plants are falling apart and they continue to be the biggest polluters in South Florida. The grid is falling apart. But rest assured the PSC will make sure we pay for it while the executives take home the 20 million dollar salaries, wait till the new rates hit this month.”

    • Sylvan Bob says:

      This is one of the letters you referred to. I wonder if they sue the writer or the Palm Beach Post
      “FPL SUCKS. Next Era means Next Evil. The company has been committing fraud for years. Their Nuclear Plants are falling apart and they continue to be the biggest polluters in South Florida. The grid is falling apart. But rest assured the PSC will make sure we pay for it while the executives take home the 20 million dollar salaries, wait till the new rates hit this month. “

  22. Laura Fair says:

    I would go and Copyright and or TM YOUR NexTerror Logo – that’s YOUR logo correct? Obviously it’s not THEIR logo – however, if people want to relate YOUR logo to THEIR logo – that’s not your problem!

  23. WillR says:

    While not directly on point, this is close enough…
    http://www.mbwlaw.ca/Publications/Defamation_paper.htm

    See the sections on Logos and parody…. Hopwever this is a parody

    There may be a way to get around these copyright infringement claims.� In Theberge v. Galerie d�Art du Petit Champlain inc., 2002 SCC 34, the Supreme Court of Canada held that it was not an infringement of copyright to transfer an image from a poster onto a canvas because the image on the original poster was completely obliterated, such that the only existing image was the one reproduced on the canvas.� The defendants had purchased lawfully reproduced posters of the plaintiff�s paintings.� As owners of the physical posters, the galleries were entitled to transfer the images from the posters on to canvas as this did not constitute a �reproduction� of the artistic work.� This case may leave it open to unions to purchase items containing images of company logos and then to simply transfer the image directly on to a leaflet, poster or placard without infringing the company�s copyright in the logo.

    Copyright law has also been used by employers to prevent the dissemination of leaked documents.� In Fraser Health Authority v. Hospital Employees� Union, 2003 BCSC 807, the Court upheld an ex parte injunction prohibiting the union from possessing, copying or distributing a leaked memorandum summarizing the result of an evaluation of various bids on work that was being contracted out by the Health Authority.� The Court held that the Health Authority had established a strong prima facie case with respect to its claim of breach of copyright and that the publication of the leaked documents would cause irreparable harm.�

    Unions — but the points of law remain…

  24. MA says:

    We all know this is just another intimidation/ bullying strategy. Nevertheless, Esther may require some financial help if they push. I might suggest contacting the media about this. Maybe Scott Miller?

  25. WillR says:

    And here:
    http://www.artslaw.com.au/articles/entry/the-parody-and-satire-defence-what-do-we-make-of-it-so-far/
    Other issues which spring up from a practical point of view relate to jurisdiction. Australia it seems has gone where no other country has been prepared to venture so far. Two jurisdictions close to home – one geographically speaking, the other historically – New Zealand and the United Kingdom, do not currently have the defence. And it seems that if the UK introduces the defence, it will limit its introduction of the defence of fair dealing to the purpose of parody only. (See “Digital Opportunity – A review of Intellectual Property and Growth – An Independent Report by Professor Ian Hargreaves”, May 2011). In 2010 Canada was poised to introduce both parody and satire, but the reform bill was pushed aside due to an election. Nowhere seems to have embraced the specific, wider concept of “satire” as a limb of the defence, except in the US where its broad concept of fair use does allow for certain cases of satire.

    fwiw

  26. WillR says:

    From March 2012:
    http://www.cba.org/bc/public_media/rights/240.aspx

    What about the right to free speech?
    The law protects a person’s reputation but this protection can restrict other rights, such as the right to free speech. The law tries to balance these competing rights. Sometimes, even though someone made a defamatory statement that hurt a person’s reputation, the law considers other rights more important. The law allows the following defences for a person who makes a defamatory statement.

    What are the defences to a defamation lawsuit?
    If someone sues for defamation, the most common defences are:

    truth (known in law as “justification”)
    absolute privilege
    qualified privilege
    fair comment
    responsible communication on matters of public interest

    1. Truth or justification
    A statement may hurt your reputation, but if it is true, anyone who says it has a valid defence if you sue them for defamation.

    2. Absolute privilege
    There are two main examples of this defence: statements made in Parliament and statements made as evidence at a trial or in court documents. This privilege does not apply if a person repeats their evidence outside a courtroom. This defence also allows the fair and accurate reporting of these statements in the media, such as newspaper reports of a trial. People must be able to speak freely in our justice and political systems without worrying about being sued.

    3. Qualified privilege
    This defence is where remarks that may otherwise be defined as defamatory were conveyed to a third party non-maliciously and for an honest and well-motivated reason. Say a former employee of yours gave your name to an employer as a reference and that employer calls you for a reference. You say, “Well, frankly, I found that this employee caused morale problems.” As long as you act in good faith and without malice, and your statement is not made to more people than necessary, then the defence of qualified privilege protects you if the former employee sues you for defamation. You gave your honest opinion and the caller had a legitimate interest in hearing it.

    4. Fair comment
    We all are free to comment – even harshly – about issues of public interest, as long as our comments are honest statements of opinion, based on fact, and not malicious. For example, a newspaper columnist may write that a Member of Parliament (an MP) says he supports equality and equal rights, but he opposes same-sex marriages. The columnist writes that the MP is hypocritical. If the MP sues the columnist for defamation, the columnist has the defence of fair comment. Media articles that accurately report what was said at public meetings are also privileged, unless the meeting was not of public concern and the report was not for public benefit.

    Lots more there — worth a read by everybody.

    • WillR says:

      This is important too:

      5. Responsible communication on matters of public interest
      In a December 2009 case, the Supreme Court of Canada established this new defence to a libel claim. The court said that journalists should be able to report statements and allegations – even if they are not true – if there’s a public interest in distributing the information to a wide audience. This defense, which looks at the whole context of a situation, can apply if:

      the news was urgent, serious, and of public importance, and
      the journalist used reliable sources, and tried to get and report the other side of the story.

      The court defined “journalist” widely to include bloggers and anyone else “publishing material of public interest in any medium.”

      Do they (NextEra) instill terror in some? You be the judge. What do you say?

  27. Sylvan Bob says:

    I’m jealous. I might not be as ‘in your face’ as Esther, but I do go out and try to do my bit. I have both the offending signs – 3′ long – In front of my place. I want my own Cease and Desist letter to frame and show my grandchildren.
    It’s something to be proud of. It means we are being effective or they wouldn’t bother.
    The lawyer letter is just trying to scare us. I think it is pretty much like a wind turbine – just a useless piece of crap spinning in the wind.
    Esther has been one of my heroes ever since I first met her at the Adelaide Metcalfe council meeting.
    (This is a rewrite – first one seems to have got lost In cyberspace)

  28. WillR says:

    More on point evem…

    From “Comments”
    http://inforrm.wordpress.com/2012/04/18/case-law-mcgrath-v-dawkins-creationism-atheism-and-internet-forums-where-libel-law-should-fear-to-tread/
    The implications for the “libel reform” debate are much less clear. It is difficult to see how any proposed reform of the law of libel could prevent a claim of this kind being brought. If, for example, the law took the approach of the Canadian court in Baglow v Smith (see our post here) – to the effect that “public conversations” on such a forum cannot be defamatory – there would, inevitably, still be room for argument. A determined claimant who was complaining about forum comments would doubtless seek to argue that, in the context, they were defamatory. The result would be a full blown summary judgment application of the kind that HHJ Moloney had to deal with in this case. Similar problems would arise in relation to other proposed reforms – for example, a substantial harm test would have to be applied to the detail of the allegations, resulting in a similar hearing.

    fwiw

  29. WillR says:

    A Canadian case with some points to be considered…
    http://www.canlii.org/en/on/onsc/doc/2011/2011onsc5131/2011onsc5131.html

    [14] Whether words complained of are capable of conveying a defamatory meaning is a question of law: see Color Your World Corp. v. Canadian Broadcasting Corp. 1998 CanLII 1983 (ON CA), (1998), 38 O.R. (3d) 97 (C.A.) at para. 39, citing Gatley on Libel and Slander, 8th edition, at p. 64. As a legal issue, the task of assessing threshold defamatory remarks lends itself to consideration in a summary judgment motion.

    [15] Under the modified Rules, the Court has expanded forensic powers pursuant to Rule 20.04(2) to weigh the evidence, evaluate the credibility of a deponent and draw any reasonable inference from the evidence where it is appropriate to do so in the interests of justice.

    etc. ad nauseum…

    But still worth a read.

    • harvey wrightman says:

      So, it takes a 5′, 100 lb. mother of 2 young children to challenge the bully and “poke them in the eye”

      • WillR says:

        Harvey:

        Apparently they do feel threatened.

        Maybe they oughta “man up” and admit they got no cojones for a fight.

  30. Mary-Lynn says:

    Write them back and tell them to ‘Cease and Desist ! Carry on Esther ! How many times have we asked for them to talk to us and they ignore us ! Mary-Lynn Cooper

    Sent from my iPad

  31. Matt says:

    NexTerror, NexTerror, NexTerror, NexTerror, NexTerror,
    is there a way to change this post to a larger font and BOLD letters?

  32. Right to Remain Silent says:

    I don’t know what evidence NextEra has. Blogs have multiple contributors. Anyone can create a youtube account. I wouldn’t provide any information that incriminates anyone. Any necessary communication could go through a lawyer.

  33. Pingback: People trying to save their homes and wildlife from Wind Turbine bullies gets threats from Wind Company! | The Big Green Lie

  34. Rob Pforzheimer says:

    I’d ignore their attempt to intimidate you and keep up your valiant efforts. I doubt Nexterror will want to bring on even more bad publicity with a trial they’d most likely lose.

    Obama has appointed Lewis Hay, CEO of Nexterror to be the next Treasury Secretary.
    Talk about the fox guarding the chickens.
    Obama’s Cabinet: Who’s in, who’s out? – CNN.com
    http://www.cnn.com/interactive/2012/11/politics/obama…/index.htm...
    As the secretary of the Treasury, Lew will run U.S. domestic financial policy and is charged with collecting federal taxes and managing public debt, …

    • barbara says:

      Many thought he would be made Energy Secretary but it’s to be Treasury and what does he know about money and banking? He ran an electric utility and has not even financial house experience?

      • WillR says:

        See the points above about NextEra not paying taxes on $7B in profit. Maybe they need his expertise in spotting companies tactics to avoid taxes. (tic) ;-)

        Talk about the fox in the henhouse…

      • Sylvan Bob says:

        He was previously a strong supporter of McCain/Palin – until he saw which way the wind was blowing (sorry – couldn’t help myself). He does know that money trumps everything, and FLP was one of the biggest avoiders of paying income tax – so he has significant related experience.

      • barbara says:

        Negative publicity is bad during Senate confirmation hearings for a cabinet post and this goes for anyone. The President appoints and the Senate has to confirm the appointment.

      • WillR says:

        has not even financial house experience?

        He probably does not have enough experience… I have put my research skills to work and found a suitable consultant for him…

        http://sg.news.yahoo.com/italy-makes-biggest-mafia-linked-assets-haul-1-074946800.html

        Italian police on Wednesday said they had seized assets worth 1.3 billion euros ($1.7 billion) from a Sicilian renewable energy developer in the biggest ever seizure of mafia-linked assets.

        The assets, including 43 wind and solar energy companies, 98 properties and 66 bank accounts, belonged to Vito Nicastri, a 57-year-old businessman dubbed the “Lord of the Wind” for his prominent role in the business.

        “This is a sector in which money can easily be laundered,” Arturo de Felice, head of Italy’s anti-mafia agency, told news channel SkyTG24.

        We even know where to reach the guy…

    • barbara says:

      Financial house = Wall Street.

  35. barbara says:

    Now with the internet anyone can be a journalist. Don’t need to own or be employed by a MSM company. Don’t even need a journalism major or minor.
    So who does the law consider to be a journalist in the internet age? Things are different now when it comes to journalism.

  36. WillR says:

    Wow! You are a threat. They have the “big boys” gunning for your butt!

    http://mccarthy.ca/lawyer_detail.aspx?id=3070
    Biography
    Chris Wayland is a partner in our Litigation Group in Toronto.

    Chris joined the firm after clerking for the Hon. Mr. Justice Peter Cory of the Supreme Court of Canada and completing graduate studies (the BCL) at Oxford. He is trained in both common law and civil law and is bilingual.

    Chris acts as counsel for a wide range of clients, from public companies to municipal councils to individuals, in a broad variety of civil litigation, including significant commercial, environmental, municipal, and medical malpractice disputes. He is also an active criminal defence counsel, having successfully defended very serious criminal cases and quasi-criminal cases, including complex white collar fraud cases.

    Chris has successfully conducted numerous trials. Most recently, Chris successfully defended the former CFO of a major public company in a five month fraud case resulting in the complete exoneration of all the accused. Chris has also prosecuted and defended numerous cases before administrative tribunals.

    An experienced appellate lawyer and member of our Appellate Law Group, Chris has appeared before the Supreme Court of Canada multiple times on behalf of important public interest advocacy groups in precedent-setting constitutional and public law cases. In 2010, Chris was awarded a Lexpert Zenith Award for pro bono contributions in the field of civil liberties, specifically for his work as counsel to the Canadian Civil Liberties Association.

    Chris is Chair of the Ontario Bar Association Criminal Justice Section and Secretary and Trustee of the Toronto Lawyers Association. Chris is a also a member of the Advocates Society, the Criminal Lawyers Association, the Medico-Legal Society of Toronto, and Thomas More Lawyers’ Guild.

    I can see you in manacles before the courts by morning…. Life for defending your property. This is gonna make case law!

    Any chance we can erect a wind turbine in their front yards?

  37. Fed up says:

    ha good god “misuse of their intellectal prperty”
    Hahahahahahahahahaha

    If they had any!

    Hahahahahaha

    What about OUR real properties and rights?

    If they hadnt been bullies and made so many mistakes, perhaps they wouldnt have gotten thier nick names!

    Actions like this make people hate and talk about them even more.

    You should pass this along to the press!

    Freedom of speech forgien company!

    Wow I guess all those cartoons and vidioes of dolton mcquity are being sought out as well.

    Blow that out your arse next error you deserve all the bad publicity you create. We just notice all you screw ups is all. You do it all on your own!

    Slander is a very hard thing to proove ask any policeman theyll tell you.

    Everybody post and send this joke of a companies whine fest!

    • WillR says:

      Except that they are claiming defamation and libel — see above. It’s just money — and they have lots $7B extra if their shareholders are right.

      Slander is spoken…

  38. Sick Turbines says:

    Facebook share, and more Youtube hits to eagle nest destruction :)

  39. Fed up says:

    Well its so nice to know the asses are checking in with our blogs!

    Dianne loudmouth ditz, derek dumdick, ben greenwhore…doris dumbass….(MOE)

    You are hated idiots……SO??

    Do you think in time it will get better?
    Not thinking so!!!

  40. jack says:

    Ester, I applaud your resolve no matter what you decide

    Seeing that March 22, 2013 at 5:00PM has come a gone and the offending materials are still out there, I would presume that it’s now back in Nextera’s lawyers hands to make the “next error” for your “next terrorizing” whatever that may be. I’d say they appear to be wholly living up to whatever supposedly alleged defamation they think those offending materials implied in this written “cease and desist” demand. The terrorizing and harassment of folks like Ester seem to be their specialty, particularly that heavy handed corporate legal variety. I’m no legal beagle, and I couldn’t tell you if this is just a lot of bluster or they actually have some kind of case here but it’s definitely going to be an attention-grabber whether they intended it to be or not, as you can tell by the traffic on this blog.

    Keep your stick on your sign

  41. WillR says:

    Aww man! We got it all wrong!

    http://www.investor.nexteraenergy.com/phoenix.zhtml?c=88486&p=irol-newsArticle&ID=1793075&highlight=
    NextEra Energy named one of the ‘World’s Most Ethical Companies’

    JUNO BEACH, Fla. , March 6, 2013 /PRNewswire/ — NextEra Energy, Inc. (NYSE: NEE) has been named one of the World’s Most Ethical Companies by the Ethisphere Institute for the sixth time.

    (Logo: http://photos.prnewswire.com/prnh/20110124/FL34682LOGO )

    According to Ethisphere, the World’s Most Ethical Companies designation recognizes a company’s “outstanding commitment to ethical leadership, compliance practices, and corporate social responsibility.”

    “‘Doing the right thing’ is a core corporate value at NextEra Energy, and we are pleased that our commitment to ethical business practices has been recognized once again. At our company, operating ethically and profitably go hand in hand,” said NextEra Energy President and CEO Jim Robo.

    Last month, NextEra Energy was named No. 1 in social responsibility among electric and gas utilities in Fortune magazine’s annual survey of the “World’s Most Admired Companies,” and was ranked as the No. 1 most admired company overall in its sector for the seventh consecutive year. In 2012, NextEra Energy was named to the Dow Jones Sustainability Index of leading companies in North America for corporate sustainability performance for the fourth straight year.

    I feel so awful about thinking bad thoughts of them… See the linked press release…

    • WillR says:

      Maybe you could tell “Ethisphere” what you think!
      http://ethisphere.com/contact/

      Just suggestin’

    • WillR says:

      Yep — we got it all wrong…

      http://fauf.fau.edu/news/?p=7192
      The College of Business, and presenting sponsor BB&T, recently hosted the Business Leader of the Year Award annual breakfast at the Boca Raton Resort & Club. This year’s program honored the accomplishments of Jim Robo, president and chief executive officer of NextEra Energy, Inc.

      “Jim Robo exemplifies leadership, and we are proud to recognize him as the 2012 Business Leader of the Year,” said Som Bhattacharya, Ph.D., dean of FAU’s College of Business. “His story of success and leadership is inspirational.”

      The Business Leader of the Year award celebrates the accomplishments of business leaders and their ongoing legacy in improving the overall business environment. According to FAU, Robo meets the criteria of this award, demonstrating the idealized characteristics of a strong leader, through his management style and overall support of education and economic development initiatives.

      Speakers included FAU President Mary Jane Saunders, Ph.D., along with Richard Paul-Hus, Bhattacharya and Rauch. The program’s master of ceremonies was Corey Saban.

      For more information, contact Jessica Aptman at 561-297-2980 or japtman@fau.edu.

      Let em know how enthused we are!

      • Sylvan Bob says:

        You made that up, didn’t you, Will? I can’t really believe they would say that with a straight face. I’m not the first to suggest we need a ‘sarcasm’ flag.

    • fed up says:

      they must have a relative that writes these posts of glory, how else would they make this crap up? anyone that deals with these idiot know there outstanding with their slit tongues. where’s my barf bag.

    • Sylvan Bob says:

      READ WITH CARE…
      “‘Doing the right thing’ is a core corporate value at NextEra Energy, and we are pleased that our commitment to ethical business practices has been recognized once again. At our company, operating ethically and profitably go hand in hand,” said NextEra Energy President and CEO Jim Robo.

      STOP IT! PLEASE? CEASE AND DESIST!!
      I was lying on the floor laughing so hard my stomach hurts, and I don’t know if I can take much more. I thought I had accidentally tuned in to a comedy channel. This is like that Monty Python skit about the joke that was so funny it was fatal.
      Sigh – Gasp.

  42. Sparky says:

    From what I can tell about these videos on Youtube, , many people have watched them, and I’d bet money , that people have downloaded them, and can be reposted at will by anyone at any given time..There’s nothing worse than bad publicity and these wind moguls are going to get their share, no question..The more they try and stifle this, the worse it’s going to be for them…All the comments posted to date, are exceptionally good ..For those who haven’t read about Agende 21, and a New World Order, please google it and give it a read.. When I see Obama getting his buddy Lew Hay into the Treasury Department, one can see how it all fits together..You can see by what’s happening in our own dictatorial government that things are much the same in Ontario as they are in the USA.. It’s all about the money….Nothing more, nothing less…Just sayin, IMHO..

  43. PumkinK says:

    Way to go everyone, we all are in this together. Let’s keep pushing them cause they just keep pushing us and we have had enough – we will not go away until they do ! So there choke on it.

  44. Petra says:

    Should have named the company something which would not be so easily altered, changed, spoofed, etc. Let that be a lesson Nexterror, er NexTerror, oh, sorry, NextError.

  45. WillR says:

    They definitely get a lot of mileage out of Eagle’s Nests go to you tube and type this in the search:
    NextEra Eagle nest
    http://www.youtube.com

    It looks like someone is trying to convince the world that NextERA could well save the Eagles from Extinction…

    Interesting concept…

  46. Free Thinker says:

    ‘[excerpt] What would you do?’

    Dear Mayor and council members……………..
    Immediately!!!!!!!
    I would serve notice, and forward a copy of the letter – to all municipal councils –
    ………involved with NextEra.
    and, copy all other elected officials.

    It’s news!
    We’re Canadian – and, – we will not be bullied.

  47. x says:

    Hey Nexterror would you like a little cheese to go with that whine? Blow it out your ear.

    You go girl! The world needs a few more “Esthers”. We stand strong and together. A one finger salute to you NexTERROR.

  48. wL says:

    this nexterror has just made is worse for themselves with this letter which insults us all …

  49. Notice to Nexterror: This is CANADA…not the U.S.A…………………we do things a bit different up here!…………we don’t tolerate “fly by night operators” who come in here and scam their way to “success” on the backs of hard working tax paying citizens!
    Take your crap and bully tactics back to Florida and work those poor slobs over again!…….oh……..forgot……..your not welcome there any more!

  50. fed up says:

    I ask are they writing these types of letters to all the tv news channels covering this story, and the many many newspapers that went crazy over this for months?

    if not they certainly are just out to get this mother and seemingly very threatening person. (they must spook easy eh?)

    OR you hit a nerve. I see they’ve posted a few you tube videos on the web as well , all about their eagle experts and putting up their fake wire nests. hmmm looks to me like theyre trying to clean up their mess they caused all by themselves, thus they got the name next error.

    you get what you give next terror, karma

    hi next terror !are you enjoying reading all our posts? we think your all douches and we know you know were right! just saying!

  51. Andrew Watts says:

    Whatever happened to free speech?
    It is truly frightening that our public education system produces lawyers that actually believe what they write.
    Nexterror pretty much describes exactly how this US based Nextra corporation conducts their corrupt business in Canada.
    Why should any impartial legal system in Canada even dream of acting for them and protecting them? Oh Wait! They are paid for by funds, and even our own tax dollars, to do just that.
    Screw Canada and the Canadian tax payer. You have a provincial government in Ontario who will pay out tax dollars they don’t have to support foreign interests and profits!
    I can’t advise Esther to say ‘Screw you’ to Nexterrors threats. That has to be your own decision.
    But whatever you do, please tell me how best I can continue to comment on these pages and highlight Nexterror over and over again.
    Andrew Watts

  52. purslane says:

    Google is actually very strict about copyright on Youtube, so you could suggest that they ask Google to remove the “offending” videos. If Google gives them the time of day, you would then get a notice to which you reply that the use of the logo is clearly parody and protected political speech, which Google will allow.

    • WillR says:

      Better still put that claim (Of parody and hence the freedom of expression guaranteed by the Canadian Charter of Rights and Freedom and the Constitution) on the video preemptively. Americans will understand that!

      Since that is all that need be done it gives some insight into the competence of the legal firm — does it not?

    • WillR says:

      See here:

      http://laws-lois.justice.gc.ca/eng/Const/page-15.html
      1. The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.

      2. Everyone has the following fundamental freedoms:
      (a) freedom of conscience and religion;
      (b) freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication;
      (c) freedom of peaceful assembly; and
      (d) freedom of association.

      Complete — with the”kicker” emphasized. It’s lawyer talk for the MPs can write regulations to remove any aspect of our freedom of expression if they feel so justified.

      Cheers!

  53. 1957chev says:

    The wind industry lawyers are using a common scare tactic. No particular laws were mentioned, just a vague suggestion of impropriety. Not much teeth at this point, but I would ask for a free consultation, if you know of a good, willing lawyer. It is hilarious that their response to being called bullies, was to try and bully and intimidate, even further. They are ruining their own reputation, and they have no one else to blame. The eagles nest fiasco, and the dirty underhanded way they teamed up with the government to take away our rights, speaks volumes about them. They really can handle the job of making themselves look like crap, all on their own. (after all, that is how we found out about their negative behaviour and attitudes!)

  54. UrbanBound says:

    I would suggest for everybody to download the video by using a program called “Free Video Downloader” for Internet Explorer or NetVideoHunter for Firefox, the more people who can post this video the better.

  55. MG says:

    In the US parody is a protected form of free speech. I’m not sure about Canada. Talk to a lawyer. But I suspect as long as you altered the logo and it’s clearly a parody or satire you could be okay. Give them lots of bad press for this – call a press conference and denounce them as bullies. Protest at their next stockholders meeting if they are public. Make clear to them that intimidation will be far worse for them than just leaving you alone. But the best first step is to find a lawyer who says you are sound legal ground, and maybe consult a group that fights for free speech rights. How about the ACLU? Fight fire with fire – show you have legal help on your side and if a lawyer agrees with you, you may even be able to threaten to countersue them for harassment or something. I’ve backed down a few bullies in my days as a journalist and editor, always by convincing them they would be made laughingstocks, counter-sued or both.

  56. Pingback: “Cease & Desist” for NexTerror Energy? No thanks. | Middlesex-Lambton Wind Action Group

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  58. johana says:

    In Canada we have a Civil Liberties Association which can advise about prefacing the variations on the NextEra logo and on your videos to parody and satirize their heavy handed,despicable, criminal elder abuse of Ontario residents.
    Please continue to help those who can not help themselves.

  59. Pingback: NextEra’s Next Nest – near Parkhill | Middlesex-Lambton Wind Action Group

  60. barbara says:

    Notice this letter was NOT sent by mail. It’s not wise to use Canada Post for letters like this one.

    • suspicious and dismayed says:

      Why not?

      • barbara says:

        Can’t use the mail to threaten people. You can also refuse delivery of registered mail and don’t touch the envelope when handed to you as this constitutes delivery of the letter.
        Same with a courrier. Don’t touch the envelope if handed to you.
        If found in your door or mailbox it could be just the same as junk mail or advertising. You are not obligated to answer a letter delivered by this means since it is unsolicited.

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