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Ottawa Wind Concerns

Monthly Archives: May 2013

The Wiggins decision: what it means for leaseholders (You’re about to get sued)

28 Tuesday May 2013

Posted by Ottawa Wind Concerns in Health, Ottawa, Renewable energy, Wind power

≈ 1 Comment

Tags

Cornerview Farms, legal action wind farms, Ottawa wind concerns, property value loss North Gower, property value loss Richmond, Prowind, sue for property value loss, Wiggins decision, Wiggins et al, wind farms and property values, wind turbines and property values, WPD Canada

Last year, a group of property owners in the Collingwood area, decided to sue both the wind power developer (wpd, from Germany) and the landowners who, together, had put forward a proposal for a wind power generation project.

The landowners, led by a Mr and Mrs Wiggins, maintained that they had already suffered property value loss and that if the project was approved, those losses would continue and escalate. The Wiggins own an equestrian facility worth over $1.5 million and had listed it for sale; once the wind power project was announced, interest in the property evaporated.

The wind power developer asked the court to determine whether their action had any merit and asked for a summary judgement on the legal action.

Things didn’t go quite as planned.

Yes, the judge decided in her decision*, this is not the appropriate time to proceed with this action and it was denied. BUT, she said, if the project does receive approval from the government to proceed, THEN the plaintiffs were free to pursue their legal action.

While there was “no genuine issue for trial” at this time, she ruled, [Section 13], “It is possible however that they may be wronged by one or more of the defendants committing a tort in the future when and if the Fairview Wind Project is either given approval and/or constructed. [sic: it can’t be constructed without approval, but we digress] For that reason the claims are being dismissed without prejudice to the plaintiffs’ rights to advance the same and other claims in the future in relation to this venture. [Section 37]

The evidence showed, the judge said, that “they [the plaintiffs] have already suffered harm through loss in property values and the corresponding interference with the use and enjoyment of their properties.” [Section 9]

The judge also accepted evidence from Dr Robert McMurtry on the potential for negative health impacts.

What this means for the owners of properties neighbouring land where wind turbines have been proposed is that the minute a project is approved by the Ministry of the Environment, you can file a claim.

The leaseholders (i.e., people leasing land for turbines to a wind power developer) ought to be forewarned that claims will be filed in Ontario. In the North Gower-Richmond area, a conservative estimate of the property value loss within 3 km is $67 million. The wind power project is proposed by Germany-based Prowind for two area farms, Cornerview and Gowerdale. More than 300 homes are within 3 km of the project.

Contact us at ottawawindconcerns@gmail.com and please donate for our legal advice which helps us all at PO Box 3 North Gower ON  K0A 2T0

* Superior Court of Justice-Ontario, Case CV-12-0344 Wiggins et al vs WPD Canada and Beattie Brothers Farms Ltd

Secret deals, no public process: wind power in Ontario

27 Monday May 2013

Posted by Ottawa Wind Concerns in Health, Ottawa, Renewable energy, Wind power

≈ 1 Comment

Tags

APPEC, CCSAGE, Dalton McGuinty, Gilead Power, Green Energy Act, honsety wind power developers, Northhumberland, Ostrander Point, prince Edward County, Quinte, Watershed, wind power developers marketing ploys, wpd

Here from the Spring edition of the beautiful Watershed magazine is a summary of how wind power development has been rolled out in Ontario under the McGuinty government and the Green Energy and Green Economy Act.

Outrageous loss of rights and freedoms.

Read the article here:

http://watershedmagazine.com/?p=2258

Email us at ottawawindconcerns@gmail.com and please donate to help us with legal costs at PO Box 3 North Gower ON  K0A 2T0

Terence Corcoran: Millions of taxpayer dollars vapourized

02 Thursday May 2013

Posted by Ottawa Wind Concerns in Health, Ottawa, Renewable energy, Wind power

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Charles Sousa, corporate taxes Ontario, Dalton McGuinty, electricity bills Ontario, Green Energy Ontario, Kathleen Wynne, Parker Gallant, Ross McKitrick, Scott Luft, Terence Corcoran, wind power Ontario

With just 20 minutes to go until the Kathleen Wynne government presents its budget, we thought it was good timing to post this opinion from Financial Post editor Terence Corcoran this morning, on the Liberal government’s electricity policy–particularly its Green Energy program–and what the (disastrous) result has been for Ontario.

If you like this, be sure to read related pieces by Parker Gallant and Ross McKitrick.

Terence Corcoran: Ontario Liberals’ last power trip

Republish Reprint

Terence Corcoran | 13/05/01 7:23 PM ET
More from Terence Corcoran | @terencecorcoran

Kathleem Wynne’s current trick is to distance herself from the past ten years of mismanagement, policy bungles, grotesque  waste, pro-union pandering, tax-gouging, big spending green dirigisme.

Canadian PressKathleem Wynne’s current trick is to distance herself from the past ten years of mismanagement, policy bungles, grotesque waste, pro-union pandering, tax-gouging, big spending green dirigisme.

Thursday’s Ontario budget  should be the last gasp of the McGuinty Liberals in a province that needs a premier who can say more about provincial affairs than “I didn’t have access to those financial parameters.”

The Ontario Liberal budget Thursday could be the last gasp of a decade-long governance disaster. It certainly should be. The current premier, Kathleen Wynne, was first elected as part of Dalton McGuinty’s Liberal sweep of the 2003 election.  Ms. Wynne’s current trick is to distance herself from the past ten years of mismanagement, policy bungles, grotesque  waste, pro-union pandering, tax-gouging, big spending green dirigisme.

Related

  • Ontario’s green disaster
  • Ontario Power Generation turning water into debt

As Ms. Wynne put it during questioning the other day over the rocketing cost of the Liberal government’s cancellation of two electricity- generating plants,  “I didn’t have access to those financial parameters.” She wasn’t told. Didn’t ask.  The cost of the power plant deals is now up to $600-million, money that served no purpose, vapourized for political reasons.

When it comes to the financial parameters of 10 years of bungled McGuinty statism that spans electricity, medical spending, green belts and transit,  Ms. Wynne has a lot of dodging to do. She apparently wasn’t there for the billion-dollar air ambulance crack up, the billion-dollar e-health meltdown. Nobody told her that all the spending — up 60% over the McGuinty years — would lead to a fiscal mess, even though she voted on the budgets that delivered the deficits that now loom for years to come.  She never saw the financial parameters of the Green Energy Act and the cost of wind and solar to taxpayers and ratepayers.  Kathleen Wynne missed it all.

As Parker Gallant and others have documented over the years in this Ontario’s Power Trip series, the $600-million cost of the gas plant cancellations is also mere kilowatts of waste compared with the megawattage imbedded in the green energy extravaganza, a staggering explosion of misguided investment that now threatens to raise Ontario electricity rates to the highest in North America. At the same time, as Mr. Gallant outlines elsewhere on this page, the green energy program is eviscerating Ontario Power Generation, the government-owned electric producer whose value is being eroded by billions of dollars.

Not only has Ms. Wynne missed the parameters of McGuintyism, she now seems poised to do the unthinkable, which is to say she appears set to do it all again.

Indications that Ms. Wynne is another McGuinty have emerged in the usual pre-budget leaks and scuttlebutt.  Her new finance minister, Charles Sousa, has announced the government will cave into NDP demands for a 15% reduction in auto insurance rates. It’s a page right out of the populist playbook run by McGuinty, who promised to cut auto insurance rates by 10%, and did sort of for a brief period.  The idea that the government will be able to issue a directive to insurance companies to cut rates by 15% is ludicrous.  Some reform of the heavily regulated sector is likely useful, but the government is said—by the Toronto Star—to be planning an across- the-board cut in insurance company profits.

The McGuinty Liberals raised corporate taxes, negotiated union-friendly contracts with civil servants, gave unions more power, brought in transit policies that promoted urban sprawl, imposed ethanol mandates. Ms Wynne promises more of the same.

On transit, she appears to be willing to engage in a round of tax increases,and bring in new taxes, to fund pubic transit expansion in the Toronto area. Another area that is destined to receive the same old dodgy policy moves is health care. A $300-million funding of home care related services is a pre-budget announcement that suggests cuts are coming in other areas that will need to be offset by Ontarians who will have resort to home care as the alternative.

But the biggest issue facing the province, aside from the dominant crisis surrounding spending and deficits over the next four years, remains electricity policy.  At some point the Premier of Ontario—whether it is Ms. Wynne or her successor following an election—will have to face the fact that the province’s economy is at some risk of being priced out of the world market.  Ontario power consumers are also being forced to pay high power rates for electricity that should be available at much lower prices.

With this Thursday’s budget, the stage may well be set for a new government with a new leader who has more to say about the state of the province’s fiscal and policy situation than “I didn’t have access to those financial parameters.”

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