February 28, 2013
Ontario

Wind energy developer asks court to dismiss injunction bid

HEATHER BOA Bullet News | February 27, 2013 | huron.bulletnewscanada.ca

GODERICH – The developers of a 270-MW wind energy project north of Goderich are asking the court to dismiss an attempt by a local couple to stop its project.

On Friday, March 1, K2 Wind Ontario Partnership is scheduled to ask the court to strike a request for an injunction that was made by Shawn and Trisha Drennan, landowners in the proposed K2 Wind Project slated for Ashfield-Colborne-Wawanosh, according to a press release issued by the couple’s law firm, Falconer Charney LLP, of Toronto.

The couple is supported by SWEAR, Safe Wind Energy for all Residents.

The Drennans filed a statement of claim Nov. 14, 2012 for more than $4 million in damages from Her Majesty the Queen, Agatha Garcia Wright, who is the director of the Ministry of the Environment (MOE), K2 Wind Ontario Inc., and K2 Wind Ontario Partnership. It also calls for an injunction to prevent the MOE from issuing a renewable energy approval that would allow the project to proceed.

According to the statement of claim, one wind turbine is expected to be built within 600 metres of their home, with another 11 within two kilometres. In addition, a 270-MW substation is slated to be built less than 500 m from their home. The couple claims wind turbines built less than two kilometres from their home will cause serious health concerns such as sleep disturbance, health disease and chronic headaches as a result of audible and inaudible noise and shadow flicker caused by the blades.

Anti-wind turbine supporters plan to muster outside the court house at 8:30 a.m. and continue to rally outside throughout the court proceedings in front of Justice A. Duncan Grace, which are tentatively scheduled for 9:30 a.m.

“We can no longer afford to be complacent. If you don’t want the turbines to be built here then you must help mobilize people in our community before it is too late. Come out and show your support for the cause and your objection to the turbines,” urged an email from CHAT – Central Huron Against Turbines – that circulated today.

The K2 Wind Project is a partnership of Capital Power Corp., Pattern Renewable Holdings Canada ULC and Samsung Renewable Energy Inc. and includes 140 2.3-MW Siemens turbines, a substation and a transformer station on land leased from 90 farmers in ACW. However, only four will operate at full nameplate capacity while the remainder will be factory de-rated to ensure the provincially regulated noise thresholds aren’t exceeded at people’s homes.

The project lies north of Kingsbridge I, a 39.6-MW project that went into operation in 2006. The project area is bound by Hwy. 21 to the west, County Road 86 to the north, Golf Course Road and Blyth Road to the south, and Halls Hill Line with a diagonal jog eastward between the Dungannon Road and the Blyth Road to the east.

The partnership, K2 Wind Ontario Inc., has a power purchase agreement with the Ontario Power Authority, which was signed in 2011 separate from the Feed-In Tariff program.

URL to article:  https://www.wind-watch.org/news/2013/02/28/wind-energy-developer-asks-court-to-dismiss-injunction-bid/