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Posts Tagged ‘Eric Gillespie’

If you follow this blog regularly you know we’ve reported this in the past: that lawyers predicted once people have gone through the frustrating and obstructive review and approval process to try to object to wind power generation projects in Ontario, they will begin to take legal action.

And, we noted that it had already started.

Now, property owners near Collingwood, Ontario are taking action against WPD and two landowners leasing land for turbines, according to this report : http://www.theenterprisebulletin.com/ArticleDisplay.aspx?e=3537118

There are so many landowners–and businesses–involved that at the moment, the claim has reached $17 million.

An interesting point here is that the wind power development will affect the Collingwood airport operations. Collingwood is an important local airport. But does the Ontario government care? Nope: wind power development trumps everything, including people’s homes, their property value, their health, and the success of Ontario businesses.

A lot of people are watching this one and they may not wait for a conclusion; it just makes sense to take whatever steps you have to to protect your interests.

Email us at northgowerwindactiongroup@yahoo.ca

and follow us on Twitter at northgowerwind

Visit Wind Concerns Ontario at http://www.windconcernsontario.ca for news through the day, and resources.

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We have been predicting that, once the people of Ontario realize the so-called Renewable Energy Application process for industrial wind power projects is a complete sham, and virtually a rubber stamp for the multi-million-dollar projects that reap huge profits for developers while taking wealth away from property owners and communities.

Already there are several legal actions ongoing: the Michaud family in Thamesville suing the Suncor Kent-Breeze project because the formerly healthy family of four is now ill; the Drennan family who are battling “gag” clauses in wind turbine project leases; and others.

The latest, announced today.

http://www.newswire.ca/en/story/907501/wind-company-and-farm-owner-sued-over-proposed-project

What will come as a surprise to many landowners leasing for turbines is that THEY are liable, not the wind power developer. (They also don’t understand that they are leasing their entire property, not just the patches around the turbines and the access roads.)

Email us at northgowerwindactiongroup@yahoo.ca

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Response from WCO on Court Ruling.

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Legal Challenge Now Underway Against the Global Wind Industry

                                                 Or Pay by Cheque

To date, we have raised only 45% of the money needed.   We call upon all concerned citizens around the globe to dig deep into their pockets and contribute to this precedent setting case which will have global repercussions. 

A staggering amount of evidence and the largest single gathering of internationally renowned experts has been assembled.  The international wind industry will face one of its biggest challenges beginning on February 1, 2011.  Canada will be at the centre of a legal battle of global proportions. 

In response to a recent approval of an industrial wind development, an appeal has been submitted to a Tribunal (ERT). The appeal is based chiefly on the issue of serious harm to human health from noise and low frequency sound. The appeal raises other issues such as the government’s apparently admitted inability to predict, measure, or assess noise levels.

A compelling and unprecedented witness list has been assembled on all sides. This appears to be the largest single gathering of internationally renowned experts that has taken place on these issues.  In all more than 20 experts and specialists in medicine, human health, acoustics and government will be appearing.

The project is owned by Suncor Energy Inc. an “integrated energy company” strategically focused on developing Canada’s oil sands.  Suncor’s reported assets at December 31, 2009 were $69,746,000,000.

Suncor’s obvious financial means together with an apparent limitless cash supply for the government of Ontario indicate the resources our opponents have at their disposal.

Therefore, we call upon all concerned citizens around the globe to dig deep into their pockets and contribute to this precedent setting case which will have global repercussions.

What is at stake is nothing less than the future of wind development around the world.

The litany of half-truths and misinformation from wind lobbyists denying the adverse health effects of wind turbines must come to an end. Financial support is what is needed now to fight this case.

We have assembled a staggering amount of evidence and an extraordinary array of international witnesses. The appellants will be calling experts from New Zealand, the United States, the United Kingdom, Australia and Canada.  They include:

  • Dr. Robert Y. McMurtry, M.D., F.R.C.S.(C), F.A.C.S., Surgeon and Health Policy
  • Dr. Michael A. Nissenbaum, M.D., Physician
  • Dr. Jeffery J. Aramini, Ph.D., M.Sc., Epidemiologist
  • Dr. Carl V. Phillips, Ph.D., M.P.P., Epidemiology and Public Policy
  • Dr. Christopher D. Hanning, BSc, MB, BS, MRCS, LRCP, FRCA, MD, Sleep Specialist
  • Dr. Arline L. Bronzaft, Ph.D., M.A., B.A., Noise Specialist
  • Richard R. James, INCE, Noise Control Engineer
  • Dr. Jeff Wilson, Ph.D., Epidemiologist
  • Dr. Robert Thorne, Ph.D., Noise Specialist and Environmental Policy
  • Dr. Daniel Shepherd, Ph.D.  Psychoacoustic Specialist

Gather up your wind action groups and get involved in raising funds for this internationally ground-breaking legal challenge! We all win if we win this precedent setting case.

Please make your cheque out to :    “Douglas Desmond, In Trust”   Indicate the funds are for the “Kent-Breeze Appeal”.

Address:

Douglas Desmond, Barrister & Solicitor
PO Box 129,
27 Main St. E
Ridgetown, Ontario, N0P 2C0
Phone: 1-888-674-1955 or  Fax: 1-519-674-1957
Office: 1-519-674-1955

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Not so long ago, all you heard in the agricultural newspapers in Ontario was how wonderful the opportunities to host industrial wind turbines on your farm property were. The income was going to “save the family farm” we were told, and there would be no difference whatsoever to farming the property; some farm owners were quoted as saying they farm right up to the bottom of a turbine, with no problems.

Today, not so much: in fact the contracts property ownersare signing are confidential (it’s a condition of signing that the property owner cannot discuss terms), difficult to get out of, and contain many clauses that restrict activity. Farm owners have learned that the wind companies retain the right to come on their properties at any time, to remove trees if they need to, build roads, and restrict construction of any buildings on the farm property. (A sample contract is available at the Wind Concerns Ontario website at http://windconcernsontario.wordpress.com ).

A round-up of articles and letters from the last week shows a diversity of opinions.

Shane Mulligan, Project Manager for the Local Initiative for Future Energy or LIFE, writes  in Ontario Farmer that every village could have an industrial wind turbine. “Yes, there seems to be evidence that wind farms have impacted the health of some folks, especially in the Ripley area. Wind Concerns Ontario and others have made much of these claims and are calling for more studies, larger setbacks, and suspension of building until turbines are ‘proven safe’. Safe compared to what? Every energy technology carries some impacts and uncertainties, and somebody is always ‘downwind’.”  Mr. Mulligan’s co-operative is at least in favour of community involvement in wind projects, a situation now made impossible by the Green Energy Act.

Economics professor Ross McKitrick writes in Ontario Farmer that Ontario’s rush to build wind turbines as salvation for jobs and the economy is reminiscent of the Brian Peckford Newfoundland government’s 1987 plan to boost the economy by subsidizing the building of massive hydroponic greenhouses. “Cucumbers did start appearing,” McKitrick writes. “The problem was each one cost $1.10 to grow and the wholesale market price was just over 50 cents. The greenhouse went bankrupt and ceased operations by 1990. The jobs vanished and the province was left with $14 million in debts to pay.”

Wind developer salespeople “have found in Dalton McGuinty their own Brian Peckford. They convinced him we can become a world leader, not in green produce but ‘green energy.’ Common sense has been jettisoned and the checks are flowing.

“We already have green energy,” McKitrick writes. “Most of our electricity comes from non-emitting hydro or nuclear generation, at a fraction of the cost of wind- and solar-generated power. By the government’s own data, Ontario air pollution has fallen dramatically since the 1970s through the use of scrubbers and automobile technology.”

“Green energy salesmen bamboozle gullible governments into signing checks in return for empty promises of jobs and growth. As the bills mount, prices rise and the economy sags, the inevitable unravelling begins. It will happen here too. The only question is how many jobs will disappear, and how much economic hardship we will put up with, before having the common sense to shut the scam down for once and for all.”

Last, Tom Van Dusen, who attended the North Gower meeting January 23rd, writes in Ontario Agri-News:

February 2011, Vol. 35, No. 2

AgriNews Interactive http://www.agrinewsinteractive.com

Turbines put wind up opponents
By Tom Van Dusen

The Prince Edward County resident who challenged in Ontario Superior Court the placement of industrial wind turbines hopes to hear a decision within several weeks.Ian Hanna outlined his case Jan. 23 to a coalition of some 125 turbine opponents gathered in North Gower. The next day, Hanna was in a Toronto courtroom making his case.

As a taxpayer, he said he resents incentives being handed out by the provincial “green fairy” to encourage construction of windmills without any scientific basis for their locations.

The meeting was convened by the North Gower Wind Action Group, Beckwith Responsible Wind Action Group and Spencerville’s South Branch Wind Opposition Group, all of which are resisting proposed wind farms in their areas.

To get them in the mood for the discussion, participants upon entering the hall were greeted with a loud background drone said to have been recorded from wind turbines in Maine by a landowner living about 1 km from the nearest one.

If he wins the case, Hanna and his backers anticipate that planned wind power projects will be put on hold across the province until “proper” medical studies are conducted which they expect will lead to minimum setbacks of 1.5-2 km between turbines and residences as opposed to the current 550 metres.

“This will kill many projects plus perhaps force rectification/compensation for built projects,” supporters say in a pamphlet seeking donations to the Hanna legal cause.

It’s the proximity of the industrial windmills and the constant drone they create which can make life miserable for rural residents, said Janet White of Wolfe Island in Lake Ontario south of Kingston which is now home to 86 turbines.

White said “slick” companies have created a rift on the island between residents who accepted windmills on their property and those – such as herself – who didn’t. Few jobs and little in the way of general economic benefit have resulted from the wind power project, the sometimes emotional mother of three children added, stating she feels she’s now living “under the thumb of big industry.”

Hanna’s big bone of contention is with the Green Energy Act which he says doesn’t contain authoritative guidelines for the appropriate siting of turbines because “there’s no good evidence as to when they’ll be safe or not.” His case dates back to early 2009 when environmental attorney Eric Gillespie was retained.

In addition to a multitude of ailments said to be caused by proximity to turbines such as sleeplessness, stress, hypertension, and tintinitus, Hanna and his followers cite livestock health, safety, environmental degradation, and decline in property values among drawbacks of windmills in the neighbourhood.

“People are suffering from living too close to turbines,” Hanna said who allowed that he himself isn’t close to a wind farm. “They’re sick, they can’t sleep and they can’t sell.”

……………….

More people are thinking and learning; that’s all we ask.

northgowerwindactiongroup@yahoo.ca

You can follow us on Twitter at northgowerwind at Twitter.com

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A news release on the status of the Ian Hanna vs Ontario case, in which the plaintiff is asking for a judicial review of the Green Energy Act, on the basis that proper procedures were not followed prior to the passing of this Act.

Wind Turbine Legal Challenge Passes

Three Major Legal Hurdles

Toronto, January 24

– A panel of three Ontario Divisional Court judges today heard the submissions of counsel for the Attorney General representing the Ministry of Environment, counsel representing Ian Hanna, Eric Gillespie, and counsel for the Intervenor the Canadian Wind Energy Association in an application for judicial review of central provisions of the Green Energy Act regulations. The application states that the 550 meter setback, legislated by the McGuinty Liberal Government in September 2009, has not been scientifically justified as a sufficient distance to protect human health.

Initially it appeared the hearing might not be permitted to proceed as the court queried if an

upcoming Environmental Review Tribunal hearing in Chatham was where these issues should be addressed. After hearing substantial legal argument the panel of judges agreed to hear the case. Hurdle # 1.

In spite of the Attorney General’s attempts to have the court reject the evidence and qualifications of three medical doctors who filed affidavits relied on by the applicant, the court declined to overturn any of their evidence. Hurdle # 2.

The court also determined that notwithstanding the Attorney General and CanWEA’s submissions in opposition, the issues to be decided were complex and significant and the court would reserve making any decision to allow it to consider all of the information it had received. Hurdle # 3.

Ian Hanna the applicant has declared today’s results a victory for all those now suffering the consequences of poorly developed regulations and guidelines that have led to a litany of homes abandoned, adverse health effects and financial ruin for many Ontario residents.

The three judge panel will now review the evidence and submissions from today and have indicated they will likely release a written judgment in the near future.

-30-

Contact:

Beth Harrington

Communications

647 588-8647

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Just received word that the Ian Hanna request for a review of the Green Energy Act wrapped in one day: all evidence was presented.

Wind Concerns will put out a news release tonight. http://www.windconcernsontario.org

northgowerwindactiongroup@yahoo.ca

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