Wind turbine legal challenge passes three major legal hurdles
Manvers Gone with The Wind
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.
Contact: Beth Harrington, Communications, 647 588-8647
Manvers Gone with the Wind | Ballyduff Road | City of Kawartha Lakes | ON | L0A 1K0 | Canada
URL to article: https://www.wind-watch.org/news/2011/01/25/wind-turbine-legal-challenge-passes-three-major-legal-hurdles/