Suncor calls court to rule Town’s bylaws invalid, citing previous court decision

WEB-suncor04rb1_1271915cl-8By Neil Bowen, Sarnia Observer
A judge’s ruling on the validity of Plympton-Wyoming’s wind turbine bylaws won’t come quickly. Following Wednesday’s submissions in Sarnia Superior Court Justice Marc Garson said the public wants careful review of the case and issuing a decision in two weeks would be like a Christmas wish list.

Garson also told approximately 50 spectators in the court the decision would not be a universal remedy for wind-power issues. Suncor Energy challenged the bylaw stating the requirement for turbines to be two kilometres from any other property prohibits construction of any wind turbines in the town.

Suncor is planning to build 47 wind turbines in Lambton County capable of producing 100 megawatts of power. That power would be less than half a percent of Ontario’s peak power demand. While the decision is awaited, Suncor and town officials discuss a possible resolution of the conflict. Midway through the day Garson requested discussions between the two parties based on the Town’s acknowledgment the bylaws may need modification. Read article

6 thoughts on “Suncor calls court to rule Town’s bylaws invalid, citing previous court decision

  1. Garson requested discussions between the two parties based on the Town’s acknowledgment the bylaws may need modification
    Yes to exclude all Industrial Wind turbines from any communities that poses a threat to anything.
    As far as your system the mayor is chief justice for the community and playing in a court you play there game. And it is a game of spells and spelling and whirreds and it is there whirreds that can be manipulated by there society of bar members.

  2. A township has a right to pass By-laws to protect their people and when an outside private consortium challenges that township’s By-Laws and gets away with either modifying them or overturning them and is “supported” by an upper tier Government then you can basically call Ontario an absolute Dictatorship………..the last time I checked a Dictatorship can only be challenged by an all out REVOLUTION!……….Welcome to the Third World Province of Ontario!………..hope all the soldiers in flanders fields don’t roll over!

  3. The Wainfleet by law was ruled “invalid” due to property being poorly defined! It was not ruled “illegal”.
    The mandate of every politically elected official is to protect the fundamental principles upon which our democracy was built. 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 These fundamental legal entitlements cannot be ignored, compromised or denied by elected officials, staff and/or representatives of provincial and local municipal government bodies, agencies, and or boards. All democratic decisions must pass through this filter or political decisions will allow for some to disenfranchise others. The smallest, the weakest, the youngest are frequently the victims of bad decisions.

  4. One you get IWT issues into the court system you are apt to end up with hair-splitting decisions.
    Judges don’t want to stick their necks out too far.

  5. Elected Officials like Councillors and Mayors are also Directors of a Corporation and are subject to criminal prosecution IF they make decisions in Council that may harm people both physically and mentally!!! Every Mayor and Councillor who votes to approve a Wind Development within their township should think long and hard about that decision if one of their homeowners is “harmed” by that decision!!!!………….doesn’t get much more simple than that!……….

  6. What is Justice Marc Garson saying?

    1. ‘[excerpt] Sarnia Superior Court Justice Marc Garson said the public wants careful review of the case and issuing a decision in two weeks would be like a Christmas wish list.’

    2. ‘[excerpt] While the decision is awaited, Suncor and town officials discuss a possible resolution of the conflict.

    Midway through the day Garson requested discussions between the two parties based on the Town’s acknowledgment the bylaws may need modification.’

    Cont…..
    ‘[excerpt] Plympton-Wyoming doesn’t disagree certain modifications may be needed based on recent court and Environmental Review Tribunal decisions, said lawyer Eric Gillespie, who represented Plympton-Wyoming at the hearing.

    The health impacts of turbines are an issue for the town, said Gillespie.

    There is an ongoing Health Canada study on the health impacts from wind turbines, the court was told. It is expected to be completed this year.

    A Superior Court recently ruled a municipal bylaw that Plympton-Wyoming used as a model for its 2012 bylaw was invalid, as the definition of property was vague and uncertain.’

    Should something be tightened up?
    I must be missing something.

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