Couple ordered to pay wpd costs in turbine appeal – despite concern for citizens who try to challenge government

Art by Paul Bloomer, The Money Counter

Two County residents have been ordered to pay wpd Canada $75,000 in costs in the loss of their appeal of a judicial review decision they had hoped would deny industrial wind turbines due to cultural heritage impacts.

South Marysburgh residents Liz Driver and Edwin Rowse challenged the approval of the turbines based on the adequacy of consideration given to heritage resources in the hamlet. They also have property that will be affected by turbines.

The judicial review was heard in April at Osgoode Hall. They were informed, in June, that they lost their case.

“The decision, in our view, did not show that the court had considered all the evidence and the arguments were not well founded; therefore, we brought a motion for leave to appeal the decision,” said Driver.

One of three judges responsible for the appeal decision Oct. 24, 2017 did not agree with the awarding of costs and stated concern for citizens who want to challenge the government in court.

“My difficulty is with a concern for public participation,” said J. Lederer in dissention of the costs. “As a matter of social policy we want people to engage with government when they are unhappy with, or seek clarification of, decisions that have been made. We detract from that ambition if we too easily tell people they will have to pay costs if they engage, but do not succeed, particularly in amounts as high as $75,000.”

Lederer stated wpd Canada was in some sense a bystander to the main debate in the case.

“The primary submissions in response to the applicants were made on behalf of the Director (Ministry of Environment and Climate Change). It was with this party that the principal defence of the process rested.”

The Director (MOECC) did not seek costs.

“The concern of the corporation is a commercial concern,” Lederer stated. “To my mind, those who seek approvals to construct and operate projects that, by their nature, will be controversial, have to expect that those who are impacted will seek to express their concern… As I see it, companies wanting to undertake these projects have to be prepared, when the circumstances call for it, to accept this as a cost of obtaining the required approvals, in the vernacular, as a cost of doing business.” Read article

14 thoughts on “Couple ordered to pay wpd costs in turbine appeal – despite concern for citizens who try to challenge government

  1. “Steve Ferguson, the ward’s councillor, said resistance to the project should be directed at the legislation that allowed it to happen.”
    The people in Huron County who have been forced against their will to live within a wind power facility because turbines were allowed to be sited to surround their homes and neighbourhoods are being told that their recourse ultimately is to affect a change in the policy that allowed these gross siting errors to be made; that it’s a matter of political will to address even the deceptions of the IPCC used to justify this incursion and the ensuing harm as ‘collateral damage’.
    How on earth do residents go about doing that when they are being stonewalled or forced to go through ridiculously stressful experiences with the MOECC or within the courts? The stress has a very real cost at a personal level. To add to what residents are already enduring because of the harm, which no one in this government effectively acknowledges, is abuse upon abuse. Residents being forced to pay for their attempts to seek justice in a rigged system, is evil. The lack of ethics being demonstrated in Ontario with these industrial scale wind turbines will go down in history as utterly shameful. I hope others will help anyone who, in good faith, has gone through this sort of utterly disillusioning experience as they have tried to seek protection from industrial scale wind.
    We can do better. We must do better.

    • My ancestors who settled in this area, 1783/1784, must be spinning in their graves. OK to throw away what was paid for by blood, sweat and tears?

      The history, culture and heritage of Upper Canada/Ontario are very important issues.

    • For anyone who is unaware of the efforts being made in counties like Huron County and Prince Edward County to contribute to a ‘Rural Renaissance” or ‘Revitalization’, check out this information:

      For planners and residents involved with this effort, who have accessed government funding to revitalize their communities, industrial scale wind turbines make no sense at all.
      Anyone following the psychological story of dense urban populations knows that connection to the earth is the antidote. The visual dystopia that turbines create is so obvious. On top of that the symptoms and sensations caused by noise, low frequency noise modulations and infrasound radiation ruin the environment.
      Visitors from cities who used to love coming out to the countryside can see and feel this and they are expressing their disgust with the siting decisions that were made by this government.

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