Ontario families lose court bid to stop wind turbines

court injusticeGlobe and Mail, Diana Mehta
An Ontario court has dismissed a set of appeals from four families that sought to have provincial legislation related to the approvals of large-scale wind farms declared unconstitutional. In a decision released on Monday, a panel of three Divisional Court judges ruled against the claims of the families who were concerned about the potential health effects of living as close as 500 metres to the turbines.

The families had argued that provincial legislation makes it impossible to scuttle a project on the basis of potential health impacts. The case was considered the first constitutional challenge to the Green Energy Act to reach the appellate court level.

At issue was the proposed $850-million K2 Wind project, which would see 140 turbines put up near Goderich, Ont., the 92-turbine Armow wind farm near Kincardine, Ont., as well as the smaller 15-turbine St. Columban project near Seaforth, Ont. Read article

87 thoughts on “Ontario families lose court bid to stop wind turbines

  1. ‘[excerpt] The provincial Environment Ministry had approved the projects and the companies argued their projects are safe.

    In upholding the ministry approvals, the Environmental Review Tribunal decided it had no conclusive proof that turbines pose a health hazard to those living near them.

    The panel of judges who heard the case found that the tribunal did not make an error in the way it dealt with the families’ claims that their Charter rights to security of the person were violated.

    A lawyer for the families had compared the turbines to new neighbours who might drive you to distraction and out of your home because you have no legal way to deal with the situation.

    The panel of judges, however, found that the tribunal had considered evidence related to the turbines adequately.

    “It was clear from the Tribunals’ decisions … that they assessed and weighed the evidence of the post-turbine witnesses in light of the expert medical evidence which they heard,” the judges wrote.

    “That evidence was to the effect that causal conclusions based solely on self-reported health problems were scientifically speculative and likely misleading and that the level of information provided in the medical records of the post-turbine witnesses was insufficient to allow a medical practitioner to make definitive causal assessments between diagnoses, symptoms and wind turbines.”

    Earlier this year, Health Canada reported that a study of 1,200 residents in Ontario and Prince Edward Island turned up no sign of health problems caused by wind-turbine noise.

    The noise might be annoying but had no link to sleep disturbances, dizziness, tinnitus, migraines, increased blood pressure, heart disease, or diabetes, the agency said.

    Critics, however, argued Health Canada had not released details of what they called a poorly designed study and said it had yet to undergo any peer review.’

  2. Diana Mehta and the Globe & Mail are misrepresenting:

    ‘[excerpt] Earlier this year, Health Canada reported that a study of 1,200 residents in Ontario and Prince Edward Island turned up no sign of health problems caused by wind-turbine noise.

    The noise might be annoying but had no link to sleep disturbances, dizziness, tinnitus, migraines, increased blood pressure, heart disease, or diabetes, the agency said.’

  3. Just watch for how soon this decision will show up on financial house websites that deal in renewable energy securities.

    My bet is by next week when the holidays are over.

    • I searched online at canlii.org around 3:50pm today, and again now, for the court’s decision, but I can’t find it. I see that the Globe & Mail’s piece quoting the decision was posted at 3:20pm this afternoon.

      Does anyone know where or when a regular person like me can get access to this court decision?

      • Decision announced and then the proceedings will be filed. But you might get a copy of the judges’ decision itself which would explain on what legal basis the decision was made.

        Or one of the big law firms or law schools might carry a copy of the decision but not likely til the holidays are over.

      • The lawyers involved in this case should have received copies of the decision.

  4. I was at the courthose for this hearing and was shocked at one judge and his condescending questioning. Had a feeling his mind was already made up and a turbine was sitting on his shoulder whispering in his ear(… Save me save me you will be rewarded) corporations are running our government! The pockets are DEEP. Our landscape is ruined , people living near these monsters are also being ruined. Not to forget our farmland , our birds, bats , raptors and on and on.wait for more increases on our hydro . My deepest regards to those families who got this news today.

      • what is that history, can it be challenged? I doubt they would position a judge with conflict on this panel?

      • Snowball, please don’t be coy.

        The least you could have added is that Judge Brown, while working for a law firm [Stikeman] wrote quite NIMBY – like articles about the ways in which the wind energy industry was being held back by some of us Victims of IWTs.

        And, yes there has been a precedent set where a judge was reported by Peter Rosenthal to their association for NOT revealing a possible conflict of interest in a case dealing with CN and Aboriginal defendants which he had been assigned to adjudicate .

      • Well said johana! It’s about time things like this are said.

        Werner Richarz who has connections to the wind industry business was on the Health Canada Study panel and at the same time testified at the Ostrander Point ERT. Now his testimony shows up in this present court decision.

        IMO, he should have resigned from the Health Canada Study at that time as he had already given his testimony/opinion at the OP ERT.

        Were any objections raised about this situation? This information has been posted at OWR at last a couple of times prior to this and was posted at the time of the OP ERT.

        It doesn’t do any good to search out information if it is not used.

        Is this information grounds for an appeal?

      • It doesn’t do any good to search out information if it is not used.

        And it doesn’t do any good to supply unreferenced information without helping unlettered people through the legal/medical/scientific maze who try, WITHOUT ANY OF THE FINANCIAL MEANS that corporations have, to bring about MEANINGFUL CHANGE.

        It would REALLY help Victims of IWTs if our legal friends would work to change the laws, rules, regulations when legal/medical or engineering professionals who testify in legal proceedings with an UNDECLARED CONFLICT OF INTEREST, that their testimony be declared null and void; there may even be situations where the case should be dismissed.

      • And there are persons named in this decision who have been engaged in a so called “health” study funded by CanWEA.

      • Department of Justice, Ottawa, Dec.16, 2014

        Ontario Judicial Appointments Announced

        “The Honoruable David M. Brown, a judge of the Superior Court of Justice in Toronto, is appointed a judge of the Court of Appeal for Ontario to replace Mr. Justice S.T. Goudge, who elected to become a supernumerary judge as of January 31, 2014.”

        Mr. Justice Brown was appointed a judge of the Superior Court of Justice in 2006, and at that time was a partner with the firm of Stikeman Elliott LLP in Toronto, where he practised civil and commercial litigation.”

        http://www.justice.gc.ca/eng/news-nouv/ja-nj/2014/doc_33091.html

      • CanWEA, Ottawa, ON, Nov.26, 2014
        Comprehensive Scientific Literature Review On Wind Turbines And Human Health

        “CanWEA funded this project through a grant to the Department of Biological engineering MIT.

        http://www.canwea.ca/comprehensive-scientific-literature-review-on-wind-turbines-and-human-health-now-published

        ————————————————————–

        MIT BE/ Biological Engineering

        Scroll down to:
        Revolutions IN Bioscience

        “Biological engineering builds on two major revolutions in bioscience in the late 20th century: molecular biology and genomic biology.”

        Molecular biology involves cell molecular level research.
        Genomic is genetic research.

        http://be.mit.edu/about

        Can also read the whole page about the research work MIT BE does.

        Rather odd place to be doing a study of human health effects of wind turbines.

        Also could not locate this project at this BE website but maybe not listed.

      • MIT – OSP/ Office Of Sponsored Programs

        Preparing and Submitting a Proposal

        “Because proposals are submitted and awards are granted to the Institute and not PLs, PLs and administrative staff are not authorized to submit proposals, accept grants, or execute contracts on behalf of the Institute.”

        MIT does provide e-mail contact addresses for their individual departments regarding the above information.

        http://osp.mit.edu/grant-and-contract-administration

      • EWEA/European Wind Energy Association, Dec.3, 2014

        ‘Wind turbines not a risk to human health, says, MIT’

        Study funded by both CanWEA & EWEA.

        http://www.ewea.org/press-releases

        03/12/14

        Joint funding by EWEA for MIT study confirmed by EWEA.

      • FENS/MIT Faculty Environmental Network For Sustainability
        School of Engineering

        As of Dec.1, 2009
        Robert McCunney, Research Scientist – School of Engineering

        FENS:
        “- to learn more about the dynamics of socioecological systems and strategies for ensuring sustainable development.”

        http://web.mit.edu/fens/members.html

        One of these joint faculty arrangements from different departments.

      • Wind Turbine Sound and Health Effects
        An Expert Panel Review, Dec., 2009

        P. ES 1

        “In response to those concerns, the American and Canadian Wind Energy Association (AWEA and CanWEA) established a scientific advisory panel in early 2009 to conduct a review of current literature available on this issue of perceived health effects of wind turbines.”

        http://www.canwea.ca/pdf/talkwind/Wind_Turbine_Sound_and_Health_Effects.pdf

        Panel members are not independent from AWEA and CanWEA and have not been since early 2009, IMO.

        How much did this study cost and how much were the panel members paid if anything?

      • Could it be that money from foreign organizations was run through a U.S. university to come up with a study?

      • Do rich communists – support their
        communist plans – for future generations?

        I’m not sure.

      • EWEA Workshop, Dec.9-10, 2014, Malmo, Sweden

        ‘Wind Turbine Sound 2014’
        Programme:
        Session 1, Dec.9, 2014
        Mark Bastasch, CH2M Hill (USA)
        http://www.ewea.org/events/workshops/wind-turbine-sound-2014/programme

        2009 CanWea-AWEA: “Wind Turbine Sound and Health Effects”
        Mark Bastach, CH2M Hill – Technical Advisor to the panel assisted AWEA & CanWEA in the establishment of the panel & provided technical assistance to the panel through the review process.

        ————————————————————

        CH2M Hill Inc., Englewood, CO, U.S.
        Board includes:
        Georgia Nelson, also Director, 2014-present, TransAlta Corp.
        http://investing.businessweek.com/research/stocks/private/board.privcapId=764751

      • 2015
        Chiarelli’s – big fat year!
        Conservation First!

      • JOEM/Journal of Occupational & Environmental Medicine, Nov.2

        ‘Wind Turbines and Health
        A Critical Review of the Scientific Literature’

        Acknowledgements:

        “The authors are most appreciative of the guidance of Professor William Thilly, of MIT’s Department of Biological Engineering who participated in the development of the outline and review and selection of the contributors. He also conducted a comprehensive review of the manuscript and commentary addressed by all of the coauthors.”

        Link to the manuscript is provided by EWEA

        ————————————————————————————

        Environ Holdings Inc., Arlington, VA, U.S.A., founded 1982

        Dr. Kenneth Mundt, Principal & Director

        “Environ partners with clients to assess and manage the potential environmental effects associated with other activities and products.

        Zoominfo
        http://www.zoominfo.com/s/#!search/profile/personId=164665737&targetid=profile

        Environ Holdings Inc. is a for profit company?

        Dr.Kenneth Mundt was a coauthor of the ‘Wind Turbines and Health’ literature review published 2014.

      • ENR . COM
        Engineering News Record

        ‘The Top 200 Environmental Firms’

        #1, CH2M Hill Ltd, Englewood, CO
        #14, Suez Environmental North America
        #20, Stantec Inc., Edmonton
        #39, Environ Holdings Inc., Arlington, VA

        http://www.enr.construction.com/toplists/Top-Environmental-Firms/001-100.asp

        ——————————————————–
        Wikipedia, Environ Holdings Inc.

        Privately held international environmental, safety and health sciences consulting firm with operations in 20 countries.

        http://en.wikipedia.org/wiki/ENVIRON

      • The National Coal Council, Washington, D.C.

        A Federal Advisory Committee to the U.S. Secretary of Energy.

        NCC provides advice & guidance on general policy matters on coal.

        Executive Committee includes:
        Clark Harrison, Sr. Mgr. Bus. Dev., CH2M Hill

        Ex Officio includes:
        Georgia Nelson CEO, PTI Resources LLC

        Networking.

      • Grants are given directly to the universities and they in turn use a percentage of the grant money as fees for administering the grants.

        Grants have now become a big source of income/money for universities.

        Much attention has been given to the contents of these” health” study reports and very little attention has been paid to circumstances of how these studies were produced/created.

      • Guelph TRIBUNE, Oct.16, 2014

        ‘European companies set up shop in Guelph’

        “A big Danish company that is setting up a Guelph office is among a number of international firms drawn to the city largely because of its focus on innovate energy and sustainability policies …”

        Ramboll from Copenhagen is one of the companies setting up shop in Guelph.

        http://www.guelphtribune.ca/news/european-companies-set-up-shop-in-guelph

        Ramboll has now acquired Environ which is/was a U.S. based company with offices in BC & Ontario.

      • EWEA, Workshop, Oxford, UK, Dec.10, 2012

        EWEA , Session two: Wind Farm Design – Being a Good Neighbor
        Chair, Mark Bastach, Lead Acoustical Engineer, CH2M Hill, U.S.

        Dr. David Michaud, Health Canada:

        ‘Health Impacts and Exposure to Wind Turbine Noise: Research Design and Noise Exposure Assessment’

        P.13
        “Complimented by an independent authoratative weight-of-evidence review of all literature by the Canadian Council of Academies.”

        http://www.ewea.org/events/workshops/past-workshops/wind-turbine-noise/proceedings, follow the link to the Michaud presentation.

        —————————————————————–

        Council of Canadian Academies, Oct.2, 2014

        Elizabeth Dowdeswell, Pres. & CEO left to become the 29th Lieutenant Governor of Ontario.

        December 2012 Elizabeth Dowdeswell was Pres. & CEO of Canadian Council of Academies.

        Was also a Board Member of the Chicago Climate Exchange

        http://www.scienceadvice.ca/en/news.aspx?id=140

      • Wikipedia: Elizabeth Dowdeswell, Lieutenant Governor of Ontario

        “From 2010 until her appointment, she was president and CEO of the Council of Canadian Academies.”

        http;//en.wikipedia.org/wiki/Elizabeth_Dowdeswell

      • Council of Canadian Academies

        ‘Wind Turbine Noise and Human Health’

        “the Minister of Health, on behalf of Health Canada, has asked the Council of Canadian Academies to assess the evidence as it pertains to a causal association between wind turbine noise and development of adverse human health effects.”

        http://www.scienceadvise.ca/en/assessments/in-progress/wind-turbines.aspx

        The Expert Panel on Wind Turbine Noise and Human Health:
        http://www.scienceadvice.ca/en/assessments/in-progress/wind-turbines/expert-panel.aspx

        What a grand plan to get a prestigious university and the Council of Canadian Academies on board with IWT health issues?

      • Barbara thankyou for the links educating me even more, and the fact that there is real evidence of harm to all that is fundamental seems not to matter anymore due to greed of some of fellow human beings .
        And I believe it was Martin who answered my one question about what else can be done … Barricade , drive tractors right down Bay Street even at the risk of some of freedoms. I like that idea.
        There seems to be pockets of communities (not in the cities )that are wanting their voices heard too ( like BalaFalls)
        We need to figure out how to come together.
        Who has influence to get this across our country , like a radio show… Such as Cross- Country Check – up ( Rex Murphy , host)
        Maybe if we all wrote in it may get air time. I tried but no response .. However if more of us did ??? Worth a try.

      • Rex Murphy would be worth contacting. But remember he came under fire for comments about Al Gore’s Toronto visit as I recall?

    • Thank you Jessie for the depth of your understanding and compassion. This is profoundly disappointing news, however, we will not give up. The strength and determination of the opposition is beyond anything I’ve ever seen in my 37 years out here.
      They thought we were going to passively accept this violation of our rights because they believed rural people were ‘second class citizens’.
      I’m in awe at the courage, the wit and the ferocity of rural leaders in my midst.

    • AWEA

      Annual sponsors include:
      CH2M Hill, Gold Sponsor
      http://www.awea-al.com/annual-sponsors.php

      ————————————————————–

      Environ Corp – Canada

      “Environ’s Canadian operations are committed to helping our clients achieve the most efficient and cost-effective solutions to their environmental problems.”

      Locations:
      BC-Vancouver
      ON-Toronto/Mississauga
      http://www.environcorp.com/locations/canada.aspx

      Knowledge does count!

      • Industry Canada

        Environ Canada operates as : Environ EC (Canada), Inc, Mississauga

        Ted Pollock is a managing partner at Environ EC (Canda), Inc.
        http://www.environcorp.com/people/p/pollock,-ted.aspx

        Dan Bunner is also a managing partner at Environ EC (Canada), Inc.

        —————————————————————————–
        Environ International Corp., Arlington, VA

        View More Key Executives:

        Includes:
        Dan Bunner, Pincipal
        Kenneth A. Mundt, PhD, Principal of North America and Director of Applied Epidemiology

        http://investing.businessweek.com/research/stocks/private/people.asp?privcapId=98565

      • ENVIRON

        “Since 1982 Environ has helped clients manage their most demanding health and environmental challenges.”

        “Our interdisciplinary network of more than 1,000 consultants operates from 90 offices in more than 20 countries.”

        http://www.environcorp.com

        Experts can be provided to suit any occasions required?

        Keep this in mind at any ERTs or other proceedings.

  5. The decision is not surprising, indeed any other outcome from a presently constituted Canadian court would surprise. Unfortunately our political and legal systems are not wholly separate entities. Such is the public perception of Climate change and AGW, and the naive belief that somehow industrial wind plants will help lessen CO2 outputs, that I cannot see any Canadian court judging this case otherwise. The fact that many observers have pointed out wind turbines in the long term add to CO2 emissions, is lost or unbelieved by the general public. Take a glance at the typical comments of the G&M readers to this story.

    Given the political makeup of the present SCC, I do not think this case warrants further appeals; the recent Health Canada study hangs like an albatross around the neck of the appeal.
    Not to say other cases and other legal appeals cannot succeed, but this one has probably run its course. The pads for K2 have been completed and work on the towers is continuing; by the time the case wound its way to the SC the K2 project would be completed. No court is about to order a $1B energy project to be dismantled.

    There are other ways and means to continue the struggle, but sometimes one has to abandon a particular fight which has little probability of succeeding.

    • K2 Wind’s placement decisions of both turbines and their substation are serious issues. They made ridiculous decisions.
      In addition to that, we need a serious focus on the ‘unsettled science’ behind the push for IWTs in the first place. It seems to me that a breakthrough on this subject is brewing and will soon reach a critical mass.
      Do the research everyone.
      Also listen to the most recent interview with Parker Gallant on ‘Goldhawk Fights’ back for a brilliant conversation on the math.

      • Agreed, everything about Samsung-Capital K2 development with makes no economic sense. Still it is full speed ahead, even to the extent of employing night shifts erecting the towers this time of year. The haste is to get the thing up and running so to be immune from any legal challenge. This is the ploy for the whole Wynne-McGuinty wind follies.
        I just think iit is too late to stall or stop K2, much as though I resent it in my own home community.
        Other challenges and tactics are a better use of limited resources at this point.

      • The only court proceeding that might be won is one that includes a jury where the jury makes the decision and not the judge.

  6. We do have to find other ways to fight this destruction of our properties, our environment. ANY ideas on your part that you can add ?? People that believe this is all for the greater good of making our province better, cleaner and GREENER dont listen to the real noise that will soon be a roar and a scream when they see hydro bills , taxes, more expensive groceries.. and not to mention MORE GAS Plants. Hoodwinked again.
    Maybe its time to go to the willing hosts in some way that would appear peaceful to let them know that todays earnings are just that,, they have sold not only our future their own too because they were convinced they were doing the right thing .AND then SOME don’t care .. the $$$ is all they see. WHo will be here to clen up the mess .. another corporation to come to the rescue and we will foot the bill once more.
    Fed up but I am not stopping or supporting my dear rural neighbours.

    • We’ve tried all that and more but nothing works and won’t ever. There is only one way left to go and that is civil disobedience. It’s the only way we’ll ever be taken seriously.
      Remember Caladonia and the native protest there?
      We must physically stop the building of these useless pcs of shat. Blockades are the only way left. With unwavering determination and the support of all intelligent, caring Ontarians, taking their turns manning the barricades, we can stop these bastards in their tracks. Of course we need the support of our native brothers and sisters, to legitimize and fortify the blockades, so the sold out Ontario cops won’t shoot us, as is their habit of late.
      As we know only natives have such rights to protest in Canada or Ontario especially.
      And native lands in many cases are being destroyed by useless IWTs, so all natives with guts should be out there stopping this shat. They can protest against useful and much needed pipelines, so they had best be prepared to rally against totally useless, environmentally destructive IWTs, the real threat to their way of life.
      Also needed are some well placed / timed, very slow moving tractor / manure spreader convoys in and around Toronto, to Queens Park & back out. Do that often enough and we’ll finally get the attention this deserves and needs to save what little is left of this gutted hellhole of a once great province.
      I’m not sure how to get this going, but I’m definitely in for the long haul, until we’ve won and hopefully Wynne, McGuinty and crew are in prison for a very long time where they all belong. Treasonous bastards that they are.

    • As the increased costs rise due to this folly maybe those in the GTA will get tired of having more and more of their disposable income eaten up by these renewable energy projects.

      Merchants will begin to feel the pinch too when people don’t have money to spend in their stores.

      • Yes quite true Barbara. Only problem is the turbines will all be in place by the time this has come to pass. It’ll be the good old should’ve, could’ve, would’ve type after thoughts and far too late to do anything but say “we told you so”, after the fact.
        So I’m thinking blockades and convoys are the only real options left that could have a serious effect. We’d have to keep it going until a Conservative gov. is in place, with a moratorium on all builds, whether started or not and the stopping of all projects where there are concerns about health and the environment. That’s probably all IWTs.

      • Mayors partnering up with the liberals
        to do nothing – for nothing.

        And now Ontario – is nothing
        – but bankrupt.

  7. Northland Power’s Gord Potts — DELUSIONAL?

    ‘[excerpt] “One would think that after a while those opposed would lose their appetite to fight this fight, but they haven’t yet,” Potts said.’

    Grand Bend wind farm green-lighted
    Free Press staff
    Monday, December 29, 2014
    http://www.lfpress.com/2014/12/29/grand-bend-wind-farm-green-lighted

    ‘[excerpt] Developer Northland Power had applied the brakes to its plans, putting off major construction until appeals were settled.

    The original plans for the facility called for 48 turbines, but that was scaled back to 40.

    It will be located in the Huron County municipalities of South Huron and Bluewater over about 2,400 hectares. It will have a total capacity of 100 megawatts.

    “Our company policy is not to do much during an appeal process,” Gord Potts, director of business development for the company, had told The Free Press this summer.

    Potts had said at that time that Northland anticipated the Grand Bend Wind Farm would start commercial operation in 2016.

    The farm is a joint project of Toronto-based Northland Power and the Aamjiwnaang First Nation at Sarnia and Bkejwanong First Nation at Walpole.

    It was given the green light by the Ontario Ministry of Energy in late June, but the approval was appealed to the Ontario Environmental Review Tribunal.

    The municipal council of Bluewater, where the majority of the 40 wind turbines will be located, had voted to file an appeal.

    Potts said Northland Power had hoped the project wouldn’t be appealed, given the failure of all but one appeal against other wind farms in Ontario.

    “One would think that after a while those opposed would lose their appetite to fight this fight, but they haven’t yet,” Potts said.

    Bluewater is already home to a wind farm in the final stages of construction by NextEra Energy Canada. Other wind farms are planned east and south of Grand Bend by NextEra.

    Steve McAuley, chief administrative officer of Bluewater Municipality, told The Free Press the municipal council has repeatedly informed the Ontario government it doesn’t want wind farms and was one of the first in the province to declare itself an unwilling host for turbines.’

  8. You wouldn`t stick your head in a Microwave because of the Electromagnetic Force (EMF) but you`d want to live surrounded by hundreds of Units and Associated wiring creating even more EMF? I bet those Judges can’t even see a Wind Turbine from their homes let alone live amoung them. There are plenty of studies about the ill effects of EMF on living organisms.

  9. Our society , our culture , our consumerism has become so self-fulfiing that we forget our neighbours, silenced our ears, placed blinders to NOT see truth …. open our doors and can’t see beyond the end of our noses… Most of us don’t even look at a piece of paper anymore because companies want us to go paperless “save the environment… Go epost, direct debit, ( so you don’t see the real cost to you… Dumb us down.. And then you got : the save the earth (environmentalists) and I won’t mention the big names . I have written called and they are all sold on this Green(d) they have lost their grassroot agenda.. All sold now on lobbyist $$$$!
    The IWT’S are in and more to come… Wait now.. for more gas plants to support these destructive environmental monsters…. , wait now as it destroys health….. wait now as it destroys communities ….wait now as it destroys our foodland… Wait now as it destroys our wildlife, feathers and all!!
    If we don’t FIGHT NOW. we can all be living in FEMA camps/ urban areas and get to watch our food grow on a piece of 3d image, see our forest , our wildlife on a screen. What a future for our next generation… We have to come together.. And PRAY .

    • Only those who have not died because of exposure to lwfs will live in FEMA camps.
      Dumb down, kill off, reduce world population. Regarding death, include Ebola, effects from an ineffective flu shot a part of the cause. Sorry guys, dummies go down the tubes.

  10. Many thanks to the pro-health, pro-community, pro-science volunteers who’ve made this information available.

    It’s 51 pages [of damage] delivered by

    Marrocco A.C.J.S.C., J. Henderson and D. Brown JJ.
    of the Ontario Superior Court of Justice, Divisional Court.

    CITATION: Dixon v. Director, Ministry of the Environment, 2014 ONSC 7404 DIVISIONAL COURT FILES NOS.: 2055/14, 2056/14 and 2073/14 DATE: 20141229
    Court File No. 2055/14

    • If you can’t argue the law argue the facts and if you can’t argue the facts argue the law in legal proceedings.

      The law was argued in this case and not the facts?

      • ‘[excerpt] The case was considered the first constitutional challenge to the Green Energy Act to reach the appellate court level.’

        It appears the – ‘climate change judges’ – were pretty remarkable.

        But the question still remains –
        what rights do Ontario citizens have –
        under ‘climate change’ legislation
        aka the Green Energy Act?

        Get Rid of the Law!

      • Law – and questions – about law only.

        ‘[excerpt] After the tribunal made its decisions, the Act’s appeal rights enabled the families to bring those tribunal decisions to the court “on a question of law,” the decision says. The families were asserting that aspects of the process to review the environment ministry director’s decision are “constitutionally flawed,” especially the section that requires the families to demonstrate the projects would cause serious harm to human health.

        The decision says for appeals like ones brought by the families challenging the wind energy project approvals process, the court can only consider questions of law. It cannot reweigh or reassess the evidence brought before the tribunals or the factual findings the tribunals made.

        Part of what the families wanted was that section 145.2.1 (2) the Environmental Protection Act be declared constitutionally invalid. Another request was for the addition of an order to the Act saying the test to be met is whether there is a reasonable prospect of serious harm caused by engaging in the renewable energy project.

        In its written decision, the judges said their purpose in describing the expert evidence before the tribunals on the impact of wind turbines on human health was a narrow one. Their job was only to identify that the tribunals didn’t have before them expert evidence that “seriously called into question” the principle underpinning of the Act’s renewable energy project regulatory regime.’
        https://www.wind-watch.org/news/2015/01/03/next-step-uncertain-for-wind-opponents-who-lost-court-challenge/

      • 8/26/2014
        Why West Virginia Is Suing The President For Environmental Lawlessness

        ‘[excerpt] President Obama has dared those who criticize his repeated failure to faithfully execute the laws to “sue me,” believing that no one can show the injury needed to do so. But when one of the Administration’s many lawless actions shifted certain responsibilities to the States, we gained the standing to sue that so many others have lacked. So on July 29, I accepted the President’s invitation and filed a lawsuit on behalf of the state of West Virginia to hold the Obama Administration accountable for its illegal conduct. Though we are a small state — with approximately 1.8 million people — our lawsuit speaks for the millions more who wish to but cannot sue.

        The President and his Administration have ignored the law on a breathtaking range of issues. For example, President Obama directed EPA to propose new environmental rules that will devastate coal miners and raise electricity prices sky-high, even though EPA admits that the “literal” terms of the Clean Air Act prohibit the regulations.’
        http://www.forbes.com/sites/realspin/2014/08/26/why-west-virginia-is-suing-the-president-for-environmental-lawlessness/

        So what is the Ontario situation?

  11. I hear a lot of complaining, but if you look in the mirror, you will know who is responsible for this over-bearing provincial government. If you voted for McGuinty or Wynne, you only have yourself to blame for our energy policies.

    • I didn’t vote for the Liberals yet my health suffers irreparable damage and I lost equity in a house I can no longer live because the majority of Ontarians voted Liberal. Ontario owes me huge compensation; politicians belong in jail. Cough up Ontario. Again, your tax dollars at work.

      • You’re right Henny. The On. Liberals and their On.gov. does owe you & everyone else in your position, $$, your good health, all your time lost fighting them & so on. They may as well have locked everyone in a room and forced them to smoke, until they became sick then died of lung cancer. Liberals would still be saying the cigs were no direct causation of their illness, regardless how many medical experts advised differently.
        Because it’s putting tons of our money in the pockets of their corrupt selves and their equally corrupt friends/associates. Even at the expense of many future generations of still unborne Ontarions. They don’t give a damn, such is their extreme greed.
        And Liberal voters who are obviously ok with their corruption, are just as guilty as the bitch Wynne herself, as only a completely brain dead fool can claim they knew not what was going on at Queens Park.
        They are all Treasonous idiots/fools, who don’t deserve a job, good health, a safe home or a pension, especially a publicly supplied pension, supplied by the very people who’ve been harmed by IWTs (Liberals Cigs??).
        Personally I am doing everything possible to avoid paying Ontario taxes, including buying & registering vehicles (& other large purchases) out of province. On. Auto workers supported Libs. so should be boycotted along with all others who did same. Boycott all Lying Liberal voters.
        Ban unions now, if they won’t stay out of politics. The lazy overpaid, brain dead idiots.

  12. Noise complaints are not going to be listened to because shutting down IWTs for noise reasons will cut off the cash flow to money lenders, developers and investors which these people need to get their money back for installing them.

    Things like the IWT radar issue and proximity to airports does the same thing as not allowing them or shutting them down so then the IWTs would not produce cash flows from them for paybacks.

    So get the federal government and/ or NAV Canada to allow them to be installed and/or continue production along with cash flows to those involved in installing them or investing in them.

    Who is going to pay for changing Canada’s radar system to accommodate IWTs? The developers or the taxpayers? Answers to these questions are needed now.

    Renewable energy projects need guaranteed cash flows from them via long term PPAs or they would never be built. No guaranteed cash flow no projects!

    People don’t invest in things that don’t produce money.

      • Shut down the C-K Kruger Wind IWTs and you shut down the cash flow to a billionaire.

      • Hey Ontario!

        Shut down – Liberal Crony Capitalism
        Save – Free Market Capitalism and Freedom
        Oh Yeah – and, property rights!

        ——————————————————–

        There’s one problem with property rights.
        I get all choked up!
        Hope………and, its challenge.

        ——————————————————–

        Isn’t is interesting…………..
        3 judges………It’s a breakthrough
        that sends us right back
        – to sq. 1

        ——————————————————–

        Get Rid of the Green Energy Act!

  13. 2015 – Federal Election Year!

    Who and what – will the communists attack first?
    My guess is:
    Capitalism and Freedom and Stephen Harper

    Unifor. A union for everyone.
    http://www.unifor.org/

    “A society that puts equality before freedom will get neither. A society that puts freedom before equality will get a high degree of both.”
    ― Milton Friedman

    Premier Social Justice – has incredible speed – with words;
    and she’s always coughing up a bunch of crap.

    O Canada – glorious and free
    but – for how long?

    • Why are you introducing the inflammatory name ‘communism’ into this thread?

      What does Harper have to do with Wynneites?

      You have probably read “The Cancer Stage of Capitalism”, 1984 and maybe even the “Communist Manifesto”; but if you haven’t, please wait a bit until AFTER you have done some undergrad reading………………………………………………………………………………………

      Can you picture the Ontario of 2004 – 2014 as living out the description of Oceania and its inhabitants by Orwell?

      Party members ALL loved Big Brother, never thought of themselves as idiots, would have the auditor’s AUDIT rewritten [the original dropped into the memory hole] and the auditor would have been vaporized. How far are we from that scenario?

  14. Flashback!
    I wonder if liberal idiots – enjoy being idiots?

    Ontario Liberals’ gas-plant cancellations cost $1-billion: auditor

    ‘[excerpt] When Mr. McGuinty pulled the plug on the Oakville plant in the fall of 2010, Ms. Lysyk found, the Liberals did not take advantage of contract provisions that protected the province from having to compensate TransCanada Corp., the energy giant given the job of building it. Instead, Mr. McGuinty’s aides assured TransCanada it would receive the entire value of the contract.’

    ‘[excerpt] The auditor’s findings jibe with internal government documents reviewed by The Globe and Mail, which suggest political staff repeatedly sidelined the Ontario Power Authority as it tried to reach a deal with TransCanada. In an email to a colleague in November, 2010, OPA executive Michael Killeavy wrote: “This is really a mess. We are going to get into trouble.”

    Under the contract, the government had no legal obligation to compensate TransCanada for lost profits in the event that the company could not complete the project. Strong opposition in Oakville made it unlikely the work could be done by target dates in the agreement. “It may well have been possible for the OPA to wait it out, with no penalty and at no cost,” Ms. Lysyk says in her report.’
    http://www.theglobeandmail.com/news/politics/ontario-liberals-gas-plant-cancellations-cost-1-billion-auditor/article14744879/?ts=131008163422

    Yup!

    • Chump change – and Chiarelli’s consumption
      and it gets creepier.

      Behavioural changes: Increasing awareness and encouraging different behaviour to reduce energy use, for example through social benchmarking.
      Demand management: Reducing or shifting consumption away from peak times, using time-of-use pricing with smart meters and programs like Peaksaver PLUS® and Demand Response 3.
      Load displacement: Reducing load on the grid by enabling customers to improve the efficiency of their energy systems by recovering waste heat or generating electricity required to meet their own needs.

      Conservation initiatives must prioritize cost-effectiveness and balance customer benefits with system benefits. Conservation programs can motivate consumers by raising awareness of opportunities to save money and help the environment. Consumers will use less power or shift usage to other times of the day if they see that it lowers their electricity bills and they will invest in more energy-efficient products if they understand the short and long-term benefits.’
      http://www.energy.gov.on.ca/en/conservation-first/

      Wait – I think he’s still in the room.

  15. Ramboll from Copenhagen
    oil, gas, solar, off shore wind

    And they are upset about a poison pen letter.

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