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More than a month after final submissions were made at an Environmental Review Tribunal hearing involving Skydive Burnaby and Wainfleet Wind Energy Inc. an unusual situation has popped up, said lawyer Eric Gillespie.
Gillespie, who represents Skydive Burnaby, said tribunal chair Dirk VanderBent has requested more information from a witness for Wainfleet Wind Energy Inc.
The hearing, which took place over three different weeks in Wainfleet, saw lawyers for Skydive Burnaby, Ministry of Environment and Wainfleet Wind Energy Inc. present witnesses to bolster their respective positions.
It came about after Skydive Burnaby filed an appeal over two turbines being built by Wainfleet Wind Energy on Station Rd. The turbines would be located 1.5 kilometres west of the skydive facility, whose owners, Mike and Tara Pitt, are concerned over the risk to skydivers.
“Our clients are having considerable difficulty in understanding how a process they thought was over, is back to where it was at two months ago,” Gillepsie said. “We haven’t been able to find any cases where this has happened before.”
The lawyer said VanderBent has asked a series of questions that, in part, seek to clarify the witness’s position as well as seeking additional information.
“They have asked for clarification on one of the submissions we made,” said Gillespie.
The lawyer did object to the tribunal over the additional information sought from Wainfleet Wind Energy’s witness, but the objection was overruled.
“There could be a variety of reason for the questions being asked,” said Gillespie.
He said no ruling has been made as yet and he wasn’t sure when it would come down.
And it doesn’t look like a ruling will be coming any time soon as the tribunal is set to resume the hearing on Thursday, April 10 in Toronto.
Those interested in taking part in the hearing can attend in person at 655 Bay St. in hearing room 16-2 on the 16th floor. People can also take part via teleconference at 416-212-8014 or toll free at 1-866-500-5845 with the dial-in code of 1219634#.
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