One of the parties to the Ontario Municipal Board hearing into the Amaranth portion of the Melancthon II (MII Amaranth) has launched a $ 1 million lawsuit against the proponent and a township landowner.
In a statement of claim filed in Superior Court of Justice at Newmarket Feb. 8, Paul Thompson is seeking $1-million from Canadian Hydro Developers Inc. and Mrs. Broeze as compensation for an “actionable nuisance,” plus an additional $250,000 in other damages.
Mr. Thompson is represented by lawyer John Carruthers of the Markham firm of Cattanach, Hindson, Sutton & Van Veldhuizen. He could not be reached Tuesday to determine why the claim was filed in York Region rather than in Dufferin.
He is claiming stress and loss of comfortable enjoyment, both indoors and outdoors, resulting from what he has said is excessive noise from the nearby transformer substation, as well as what he considers to be a reduction in market value of his home – built on a severance from the original family farm.
The claims have yet to be tested in court as well as, to some extent, at the OMB. It was not immediately known what effect, if any, the lawsuit might have on the present OMB hearing.
Mrs. Broeze is the owner of property leased by CHD for its transformer substation. CHD is the proponent of the 87- turbine, 132-megawatt Melancthon II wind farm, of which 22 proposed turbines are in Amaranth. The rest are in Melancthon, where the project has already been approved.
The OMB hearing into MII Amaranth’s 22 was resuming for an expected two days Wednesday.
By Wes Keller
28 February 2008
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