Jeffs not surprised by latest lawsuit

JeffsErie Media
Mayor April Jeffs wasn’t surprised by the latest lawsuit filed against the township by Wainfleet Wind Energy Inc. “We weren’t expecting it though,” she said Thursday. The lawsuit was filed on Dec. 31 by the law firm Aird & Berlis LLP on behalf of its client, Wainfleet Wind Energy Inc., and is over $40,000 granted by the township to Skydive Burnaby. The money was granted at the December 10 council meeting to help Mike and Tara Pitt, owners of Skydive Burnaby, pay for legal costs related to an Environmental Review Tribunal hearing currently underway.

The tribunal is being held after the Pitts appealed the wind energy company’s project on Station Rd. where two turbines would be sited. The couple say the turbines could hurt their skydiving business. The township was served notice Tuesday, said Jeffs. “We’re going to meet in closed session on Tuesday (Jan. 14) to get advice from our lawyer,” the mayor said. The lawsuit, which has yet to come to court, claims the funds are a form of bonusing to Skydive Burnaby. A court document said council does not have the power to grant the funds to a private business under a Section 106 of the Municipal Act.

That section says no municipality shall assist directly or indirectly any business through the granting of bonuses, which includes giving or lending any property of the municipality, including money. “The provision of $40,000 from the Township to Skydive Burnaby Ltd. is an obvious financial benefit,” the court said, adding it is in clear contravention of the municipal act. The lawsuit seeks to have the council resolution declared without force or effect, that the township recoup any funds already paid to the Pitts and Skydive Burnaby, and that court costs be covered by Wainfleet. Read article

18 thoughts on “Jeffs not surprised by latest lawsuit

  1. Elected officials have an ethical duty and a legal obligation to protect the health, safety, quality of life and well-being of citizens and their properties. When these fundamental legal entitlements are ignored, compromised or denied elected officials are obligated to take action.
    The Municipality of Wainfleet may be one of the smallest in Ontario with a population of 6500 people but they have been a powerhouse in the struggle over the renewable energy initiative and the Green Energy Act. Wainfleet council is one of the ninety-one (91 ) municipal councils in Ontario that asked for a moratorium on renewable energy initiatives until risk assessments were conducted by the province. They declared themselves “Not a Willing Host” to industrial wind turbines, they had their 2 km by-law declared “invalid” not illegal. A creative ruling that acknowledges that municipalities have an obligation to protect the health, safety, quality of life and well-being of citizens and their properties, but “property” was poorly defined! And now they find citizens of their municipality engaged in an Environmental Review Tribunal (ERT) Hearing. Some consider the ERT hearings nothing more than a kangaroo court rigged by the provincial government. Others consider them the municipality’s last defence before the invasion of industrial wind turbines. The $40,000 that has been budgeted for legal fees in this battle is an investment in the health, safety, quality of life and well-being of all citizens and their properties in Wainfleet.
    Funny how some private for profit corporations can have the basic tenants of the Municipal Act declared null and void when it serves their purpose, yet use the same Municipal Act against the people to further their business. When the private for profit corporations have more rights than the citizens our democracy is being threatened.

    • Parachutist death at wind turbine May 28th 2000, Germany.
      “A 23-year-old woman from Schwerin died while making her first parachute jump when she hit a wind turbine at the Lemkenfeld wind station on the German island of Fehmarn in the early afternoon of Sunday, May 28. Her name has not been released by the Oldenburg police. The wind is believed to have blown her off course towards the wind station, while her instructor and another member of the Lübeck parachuting club got down safely, according to the regional Kieler Nachrichten newspaper. Other press reports state that strong winds were blowing on May 28 and the victim was blown several kilometres off course. The Oldenburg police have passed the case to the public prosecution office at Lübeck.”
      http://www.windpowermonthly.com/article/960465/parachutist-death-wind-turbine

  2. One skydiver getting tangled up in a turbine would be 1 too many, and perhaps the $40,000 spent to appeal this decision is to also prevent the Wainfleet emergency services from needing to figure out how to retrieve a body from a spinning turbine, at risk to life and limb of their own employees.

    Or, is the ERT going to issue “take permits” for parachutists now too?

    • “…how to retrieve a body from a spinning turbine, at risk to life and limb of their own employees.”
      Since we’ve seen when the nacelle/blades are on fire, the safest policy seems to be to let it burn itself out, then I’m guessing they would have to leave the skydiver up there for the turkey vultures.

    • I don’t see why not, after all, look at the other abuses we are supposed to tolerate….”for the greater good”. Of course, that means the good of the lefties and wind weasels.

      • A good corporate citizen definition is all that claim joiner to B,C that is copyright name belonging to the corporation of Canada by registering you at birth to CORP. CANADA When we claim joiner to the B.C we are a criminal and a slave and a fiction as corporation are fictions. You are then a piece of paper ,not living, claimed as dead.
        Sorry, I did not make this up but your government {meaning control mind in latin}.
        I choose not to use copyright material anymore once you know, but we were never told which in itself fraudulent. Hard to believe but I think thebiggreenlie would know by now and present this info on his site as it is the biggest scam yet to be exposed with proof.

  3. Not only have they not heard the words…..they would NEVER comprehend the meaning. What about the millions of dollars our government is giving those miscreants. The more you get to know the windweasels, the more you hate them.

  4. Industrial wind turbine companies are filing lawsuits all over this Province. Running our government, ERTs, municipalities, and citizens. Ontario is well and truly sold out.

  5. Maybe Municipalities across Ontario should be notified that IF they ever let these wind weasels inside their Council chambers then they can expect massive lawsuits IF they don’t do what the weasels want them to do………………nice “partnerships” being formed nowadays…………….it’s like inviting “organized crime” onto your home and asking them to not “whack ya” if you don’t want to get involved!

    • Don’t dance with the Devil, in the pale moonlight. There is no ridding yourself of the stench of a windweasel. Makes skunk stench seem like roses….

  6. Go Mayor Jeffs!

    ‘[excerpt] The township was served notice Tuesday, said Jeffs. “We’re going to meet in closed session on Tuesday (Jan. 14) to get advice from our lawyer,” the mayor said. The lawsuit, which has yet to come to court, claims the funds are a form of bonusing to Skydive Burnaby. A court document said council does not have the power to grant the funds to a private business under a Section 106 of the Municipal Act.’

    Township of Wainfleet
    http://www.wainfleet.ca/pages/index.php
    In 2009 the Loeffen brothers: John, Harold and the late Bill formed Wainfleet Wind Energy Inc.
    http://www.wainfleetwindenergy.ca/hafwindenergy.ca/about_us.html

    Go Wainfleet Council!!!!………..
    ……………it’s an election year everybody;
    and, Wynne Liberals are watching!

    • Yes, “harvesting” is such a pleasant, non-violent word, isn’t it! Brings to mind the fruitful, beneficial work of harvesting the fields and crops, to preserve that food to keep us fed and healthy all winter. But then, slaughter is another word with quite a different meaning.

  7. Wind weasels and council for these companies show complete disregard for any decisions that are not their own. Its unfortunate that we have all been lead down this road.

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