CFRA’s Nick van der Graght, filling in for Lowell Green in the 10 a.m. to noon spot Friday, advised a caller facing an industrial wind turbine development that she should sue the property owners who have leased their land for turbines on “nuisance” grounds and for loss of enjoyment of property. To say nothing of lost property values, health effects etc etc.
He commented further that if more people who are being affected by industrial wind power generation projects were to take legal action, the message would come across pretty quick: these projects are not wanted, your unwilling participant neighbours will take action and–guess what–it’s the property owners who are on the hook for legal action, not the corporate wind developers.
As it becomes obvious that the “fix is in” with industrial wind projects and the whole environmental process is a rubber stamp joke, more people will be contacting lawyers for legal advice. We have already heard of a North Gower resident who moved to the quiet village to get relief from migraine headaches that she intends to take legal action.
We’ve already mentioned the use of “anticipatory nuisance” which has been employed by people next to farms with genetically modified crops to take action to prevent the damage to their own property and livelihood. In other words, you can’t wait for the thing to happen to you, and then sue—the damage is already done.
Less talked about and less well understood is another legal term that will likely crop up as more of the Ontario government’s backroom dealings regarding permits and approvals for industrial wind turbine projects are revealed, and the fact that government KNEW its field officers didn’t have the capacity to measure compliance with noise regulations, but kept on approving projects anyway.
The term is misfeasance: a defendant can be accused of misfeasance if he owed a duty of care to the plaintiff. Certainly, the documents being released now by WindyLeaks showed that senior government officials knew of problems with wind power operations, and chose to ignore the situation, including the advice of their field staff.
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