A recent Superior Court decision in late April has possibly given homeowners an edge in fighting Industrial Wind Turbines in their area. That’s at least what lawyer Eric Gillespie and some Haldimand County residents believe. Gillespie represented the Wiggins in Clearview Township when the couple took wind company WPD Canada to court. They claimed that they listed their 48-acre property for sale, and when the wind project was announced, all interested potential buyers disappeared. In this case, the plaintiffs had filed appraisal evidence to indicate that the property had devalued by between 22 to 50 per cent or more because of the wind project.
The evidence submitted also included evidence from a medical doctor stating that the project could cause adverse effects including sleep disturbance, headache, dizziness, vertigo, nausea, problems with concentration/memory and panic episodes. The Ontario Superior Court of Justice dismissed the case and ruled that the group couldn’t fight the project until it received its Renewable Energy Approval (REA) from the Ministry of Environment, but accepted the evidence into the record, as unchallenged by the wind company. The wind company in that case had stated that if a trial did proceed, the wind company planned to dispute the plaintiff’s claims.
Gillespie said the result of that particular lawsuit is a win for homeowners. He stated that the court decision has done two things, which included accepting the evidence that turbines devalue properties by 22 to 50 per cent as well as opening the door for homeowners to file claims against turbine companies and the landowners who sign the agreements with the companies. Read article