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