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Ontario court rules against wind farm suit over moratorium
Credit: John Spears, Business Reporter | Toronto Star | 17 October 2012 | www.thestar.com ~~
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An Ontario court has struck down a $2.25 billion damage claim brought by a company unhappy with the Ontario government’s decision to halt off-shore wind farms.
The company says it will appeal the ruling.
Trillium Wind Power Corp. had launched the action after the province placed a moratorium on offshore wind developments in the run-up to last year’s Ontario election.
Trillium had plans for four off-shore wind farms at the time.
Trillium said that one of the farms, a big development in Lake Ontario off Kingston was hours from finalizing a $26 million financing agreement when the moratorium was declared. The deal fell apart.
The province had said it needs more time to research the impact of offshore wind farms. The moratorium remains in place.
In his ruling, Mr. Justice Robert Goldstein of the Superior Court of Justice said the province was within its rights in declaring the moratorium.
The province “was empowered to set or alter policy with regard to wind power,” Goldstein wrote. The moratorium, he said, was a “core policy decision.”
“It is clear that the actions of the defendant were not illegal.”
John Kourtoff chef executive of Trillium, said Wednesday that the ruling contains factual errors. He said the company will appeal.
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