Ontario court allows lawsuits against wind company and landowners

Wind turbine noiseElectrical Business
In a decision released late yesterday, the Ontario Superior Court of Justice has determined that while residents of Clearview Township cannot bring claims for a proposed industrial wind project at this time, the ruling is “without prejudice to the plaintiffs’ rights to commence an action for identical or similar relief when and if the Fairview Wind Project receives the necessary approvals to be constructed”.

The court has specifically recognized that claims against wind companies and against landowners who agree to host wind turbines are possible as soon as projects receive approval. “There are many people who have been waiting to see how the courts would respond to these types of claims,” said lawyer Eric Gillespie, whose firm acts for the plaintiffs in the actions. “It now seems clear that as soon as a project is approved, residents can start a claim. This appears to be a major step forward for people with concerns about industrial wind projects across Ontario.”

In addition, Gillespie’s firm acts for other clients in areas where wind projects have been approved. “Dozens of plaintiffs who have already started actions appear to have had the right to bring claims validated,” he said. “We can definitely expect more claims now that this door has been opened.” Read article

10 thoughts on “Ontario court allows lawsuits against wind company and landowners

  1. This decision recognizes the democratic rights of the citizens of this country. Civility dictates that you can not do something on your property that has a negative impact on mine without compensating me for my loss. Given that government ministers, ministries, agencies and municipalities have an ethical duty and legal obligation to protect the health, safety, quality of life and well being of citizens and their properties this decision is a major victory for the non-participating neighbours that have been negatively impacted by this “Green Energy” scam.
    Catherine Mitchell

  2. Ontario mayors and councils –
    comatose, in slumber-land……….
    we should add; and, morally bankrupt……….
    …….life will proceed without/despite them.

    ‘[excerpt] “There are many people who have been waiting to see how the courts would respond to these types of claims,” said lawyer Eric Gillespie, whose firm acts for the plaintiffs in the actions. “It now seems clear that as soon as a project is approved, residents can start a claim. This appears to be a major step forward for people with concerns about industrial wind projects across Ontario.”

    In addition, Gillespie’s firm acts for other clients in areas where wind projects have been approved. “Dozens of plaintiffs who have already started actions appear to have had the right to bring claims validated,” he said. “We can definitely expect more claims now that this door has been opened.”’

    Congratulations!
    Mayor April Jeffs – shines bright
    Go Wainfleet – Appeal

    • What are we waiting for?

      Mr. Harper – the Prime Minister of Canada –
      called on the nation – to be more patriotic.

      O Canada!
      Our home and native land!
      True patriot love in all thy sons command.

      With glowing hearts we see thee rise,
      The True North strong and free!

      From far and wide,
      O Canada, we stand on guard for thee.

      God keep our land glorious and free!
      O Canada, we stand on guard for thee.
      O Canada, we stand on guard for thee.
      http://www.pch.gc.ca/eng/1359402373291/1359402467746

      • “Patriotic” comes from the same root as “Patriarchy”. It means some A-hole at the top telling the rest of us what to do and we’re supposed to applaud it. And not question it.
        And I don’t think he’s the prime minister of Canada. They always talk about the Harper Government – never the Canadian Government.
        You think things are bad now, wait until he passes the FIPA deal with China. Any Harper supporters who are counting on the Federal Health Study – ask yourselves why they consulted with CANwea before they started it.
        When I see what our politicians are doing to Ontario and Canada I’m about ready to move to Quebec and vote separatist.
        If nothing else, Quebecois know how to protest. Nothing peaceful about it – they get out in the streets and riot.
        Someone commented a few years ago that when France cut pensions they rioted in the streets, when Americans lost their homes by the thousands while the people who caused it got bailed out – nothing.
        A peaceful protest is as meaningful as the comment forms we filled out at the open houses. The legal system is a way to suck money out of us, and occasionally grant us a point or two so that we don’t give up.
        Eric Gillespie is billing out at $300 per hour and I don’t think he’s won any cases. I’m living on less than that per week. If he were winning I might be willing to give him the money, but I would still doubt that he had earned it. He’s just found a niche that nobody else wants to deal with and he’ll do his best at it but the only reason he can charge that is because he has no competition.
        And Plympton-Wyoming mayor Nappier is in discussions with Scumcor? What’s that about? They’ll play him while they get their ducks lined up – maybe try to move a few turbines into Lambton Shores – but they aren’t going to give up anything. Get real.
        Sorry for the rant. We have a lot of good people working really hard – including a good number working longer and harder than me, but I’m getting really frustrated with idiots and A-holes on both sides of the problem.
        We are trying to solve a problem while working within the system that created the problem. People think we live in a democracy. It’s a pretend democracy. We have to back up and see the system for what it is. I remember back in the 60s there was debate about changing things from within the system – and the only thing that got changed was the people who fell for that idea.

        I think this guy might be on to something – doesn’t have the answers yet, but it’s starting to sound like a good assessment of the system. Take 13 minutes and see what you think.
        http://www.youtube.com/watch?v=Xbp6umQT58A

        We whine and moan and write letters and make jokes about Scumcor and NextTERROR – I do it to – and it has it’s place, but we aren’t making a whole lot of progress and they keep putting them up and you know as well as I do that they aren’t going to willingly take any of them down.
        I don’t have the answers either, and there’s no harm in continuing what we’ve been doing – bringing more people onside – but we need something else – something more – and something different – and we’ve got to pull our heads out of – well let’s say out of the government’s way of thinking because they aren’t listening, and they aren’t interested and they don’t care about you or me.

  3. Sylvan Bob,

    Love your rant…excellent! Sometimes it takes deep anger and adrenelin to have such clarity. I feel your anger and frustration. We all do. I agree that we have to take this to the next level.
    We need to take it to the streets! In our township, should the carpetbaggers receive approval, I forsee us with tent stations at every entrance to our town. Shifts of people guarding our unwilling community. If a truck tries to deliver a turbine blade the driver will have to make a decision to drive over me! We will blockade. We will fight. It is our duty to protect our rural community from the destruction of all we hold dear. I would like to see rural Ontario secede from the Province of ‘Toronto’! Let the crooked politicians destroy their own backyard. Let us proud hard working people of the District of ‘RURAL, rule our own municipalities and protect our way of life.
    Hear hear! Now I will watch your video and let you know what I think… for what it’s worth. I would like to know what The Big Green Lie thinks of the video. I respect his opinion very much.

    The Disrtict of RURAL will not go down without a fight! We have proved that with all our volunteers and members.

    Melodie

  4. Thanks Bob.
    We are programmed to not want to believe we are being farmed but that is the reality of Agenda 21. The vocal few who understand the big plan are typically shunned as radicalized citizens and indeed can come across this way scaring us. To hear how our opposition to wind energy fits into the big UN plan, keeping us busy, distracted and fighting as our rural land is being made less inhabitable and a resource for urban markets, is both fascinating and frightening.
    The solution is to wrest control back of one or two municipalities and the rest will follow.
    The challenge those first freed farmers will have to face is being finacially cut off from the doled out money that enslaved them. Not much different than the early sense of community our forefathers held. Here’s your land go figure out how to survive. The province of Rural has a nice ring to it.
    Preparations need to be underway.McGinty told us of the unsustainability of rural areas, we thought we heard, but then we were drawn into this all consuming fight.
    Knowledge is power, learn about the plan, then start your local preparations.

    Greg Schmalz
    S.T.O.P.

  5. The video is only too true! Very depressing. Note: I can only hope that someone recognized that cowardly cruel brute in the elevator or the little dog and beat the living tar right out of him. That image of the little dog will stay with me a long time. What a sick s.o.b. .
    Melodie

    • Yeah – I suspect that was picked up on a cam somewhere. The other thing to think about – what happened to him to make him like that? What happened to the young rapists we’ve been hearing about lately? Are they just a few sick individuals who need to be put in jail (like that will cure them!) or are they symptoms of a very sick society. In both the Maritimes case and the two football stars in the US – it wasn’t just the rapist – it was all the other people who watched, who took photos, passed them around, and then abused the victim… There’s something seriously wrong here. Turbines are just one thing on a long list of serious problems. And these problems aren’t just little glitches in the wonderful democratic, free-enterprise/socialist (your choice what you call it) system that we live in. These problems are the natural result of what is being done to us by the powers that be.
      The government is not our friend. They are not on our side. The government – any government – is the enemy of the people.

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