Tag Archives: Prowind

North Gower farmer still wants turbines on his land

08 Saturday Feb 2014

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

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Here from the current edition of Farmers Forum, a story on the differing views of farm owners on having turbines on their property. One farmer interviewed reacted to the concerns of the community, the other persists in believing that community opposition is wrong.

Farmers face off over wind turbines

Wind farm at Brinston will be test case for others

 By Tom Collins

PETERBOROUGH — As 10 new wind turbines were to start spinning at Brinston — about an hour south of urban Ottawa — the tide of public opinion about wind farms is changing, pitting farmers against one another.

The Brinston wind farm has been controversial, so much so that South Dundas council has since passed a resolution that it will not support further turbines until it sees a need for it. Some wind power supporters have seen communities turn on them.

When M.K. Ince and Associates Ltd. decided to build five wind turbines in Cavan Monaghan Township near Peterborough, Don Winslow immediately jumped on board. In spring of 2013, he signed with the wind company to allow them to build a wind turbine on his 500-acre cash crop farm. Three months later, after immense public pressure and hostility, he told the company he couldn’t do it anymore.

“It relieved our stress tremendously (to cancel the contract),” said 70-year-old Winslow, who estimated that less than five per cent of the community is in favour of wind turbines. “We don’t have to sneak around the neighbours hoping to not run into them.

“There is always an element of society that is going to go overboard,” he said. “But people I respected were just as upset as the real radicals.”

Winslow is still a big believer in wind technology. But many Ontario municipalities are not. As of late January, 78 of 444 municipalities have declared themselves unwilling hosts of wind turbines — along with 33 concerned municipalities — despite the fact the designation has no teeth.

Five or six years ago, wind companies were offering farmers an agreement where they could earn $10,000 or more per year to allow a turbine to use up a half-acre of land. Now that price has almost doubled, Winslow said. A farmer signing an agreement today could make about $400,000 on a 20-year agreement.

Winslow said his neighbours were concerned about property values, health risks, and a flicker effect caused by shadows from rotating blades in the setting sun.

These wind turbine issues are still hotly debated. While the Ontario Superior Court of Justice said last April that wind turbines do reduce property values, many of the health issues have seen studies that support both sides of the argument. Health Canada has been studying the issue and expects to release the results this year.

Ed Schouten of North Gower: “I will host a couple…”

Ed Schouten has long wanted wind turbines on his dairy farm in North Gower. He doesn’t believe turbines are as much trouble as some make them out to be and would host a couple if a wind farm company decided to build in the area.

“I’m not afraid of them, let me put it that way,” he said. “I don’t think it’s going to harm the farm. I never thought in my life people would be against this.”

Schouten thinks the Brinston turbines will be a good test case for the rest of the area. If wind farms are done right — like the one in Brinston — then no one will complain, he said. The trick is to keep the wind farm small. If there are a few turbines, they look nice, but if there are hundreds, they become an issue.

Winslow said the negativity in the news media has played a big role in people shifting away from wind turbines.

“You don’t hear much except for negative publicity,” he said. “It’s hard for the average citizen to take anything but the view they keep hearing over and over in the press. There’s far too much emotion into it now.”

……….

Editor’s note: despite Mr Schouten’s claim that keeping the “wind farm small” would avoid issues with the community, the truth is, the proposal for his property and one other that is now on hold, was for eight turbines that would have been the largest in North America, and would have affected more than 1,000 homes. As for “small,” the 20-megawatt wind power generation project would have cost the citizens of Ontario $4.8 million a year, had it achieved a Feed In Tariff contract, or $96 million over the life of the contract. Prowind of Germany, the company putting that proposal forward, told Ottawa Wind Concerns that it is reviewing the requirements of the new procurement process for for large renewable power projects, and will decide to apply. The result is, North Gower-Richmond remain in “limbo” for months to come.

 

How will wind developers rate in new procurement process?

01 Saturday Feb 2014

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

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Large (over 500 kW or 1/2 a megawatt) renewable power projects will soon be required to go through a new process in Ontario. The details are not final (yet the province is holding little dog and pony shows for “engagement”) but one of the ideas is that power developers must now “qualify” to be able to submit a bid to create a power project.

The presentation the Ontario Power Authority delivered on January 22nd via a webinar is here: http://www.powerauthority.on.ca/sites/default/files/planning/LRP-Presentation-January-22-2014.pdf

Pay close attention to the map on page 12–there appears to be “no limit” for Eastern Ontario.

“Community engagement” is a mandatory requirement in the new process but there is still “no veto,” as the OPA says clearly.

Throughout the summer there will be “ongoing engagement activities” scheduled. This is when the so-called charitable organization, the Ontario Sustainable Energy Association or OSEA, at the behest of the government, and paid to do this, will travel through Ontario to tell us how wonderful wind power is. As to community concerns, if you follow our Twitter (@northgowerwind) you will have seen our conversations with OSEA Board member and Ottawa resident Chris Young. Concerned about your property values? Health? In Mr Young’s opinion, you should get out your roll of aluminum foil and refashion yourself a hat because you’re nuts. Health claims are “bogus” and concerns about property values (amply demonstrated by research studies in Ontario) are the result of a “whipped up frenzy.”

The process starts this month. We will try to keep you informed but why not sign yourself up for emails from the OPA by registering here.

We have been fighting for our community for four years; 2014 is going to be a year of dramatic events.

Donations welcome for our post office box, communications, public meetings, and legal advice. PO Box 3 North Gower ON  K0A 2T0

Email us at ottawawindconcerns@gmail.com

 

Prowind aims to get investor cash from community

12 Thursday Dec 2013

Posted by in Ottawa, Renewable energy, Wind power

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(Let us just say first, Not our community. Though we’d like to see them try.)

In this news item, Prowind Canada is reported to be trying to get cash from community members for its Gunn’s Hill project in south-western Ontario (not far from Woodstock).

from reNews, December 10, 2013

Developer ProWind Canada has helped establish the Oxford Community Energy Co-operative to partner in the 25MW Gunn’s Hill project in Ontario.

The proponent will give the coop up to a 49% equity share in the feed-in tariff proposal to help spread the local benefits, Prowind VP Juan Anderson told reNews. Community ownership adds up to 1 cent/kWh to the base FiT rate of 13.5 cents/kWh.

The group hopes to raise up to C$10m, said co-op secretary Christine Koenig. About 30 members have paid C$100 each to join so far. The co-op aims to offer a share purchase program in February 2014.

Ontario regulators meanwhile are assessing a renewable energy approval application for the 10-turbine, distribution-connected scheme.

“We expect it to be deemed complete this month,” said Anderson. A public comment period and six-month review will follow.

The proponent, a subsidiary of Germany-based Prowind GmbH, is finalizing a turbine supply agreement. The developer is also in discussions with contractors and expects to select a builder in early 2014, said Anderson.

The Oxford County project must meet a 50% Ontario content rule. Towers, blades and pad-mount transformers will be sourced in the province*, said Anderson.

Construction is expected to get underway in mid to late 2014 followed by commercial operation in 2015.

It is worth recalling that a few weeks ago, another local community group, the East Oxford Community Alliance, announced that it has hired lawyer Eric Gillespie and intends to sue Prowind and the landowners leasing land for turbines for $28 million, if the Gunn’s Hill project gets approval.

The community investment fund strategy is one being employed by some wind power developers to help them get approval from the government, as community “engagement” and “support” are now important in the approval process.

As regards now VP Anderson’s statement that all materiels for Gunn’s Hill will be from Ontario, their supplier of choice is a company called Broadwind Energy, headquartered in Illinois. Prowind’s HQ is in Germany. Once again, profits (i.e., subsidies from taxpayers and ratepayers) are NOT staying in Ontario but going out of this country. A search of Broadwind’s website reveals no information on any Ontario facilities.

 

 

Ottawa concerned about closeness of proposed wind project in North Gower

30 Wednesday Oct 2013

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Here from the Ottawa Sun, a story by Susan Sherring, on the opposition to the proposed North Gower-Richmond wind power generation project.

No to wind turbines in North Gower

2

Susan Sherring

By ,Ottawa Sun

First posted: Wednesday, October 30, 2013 06:03 PM EDT | Updated: Wednesday, October 30, 2013 06:19 PM EDT

Wind turbines
Wind turbines at the Erie Shores Wind Farm near Port Burwell generate power. Similar turbines may be popping up near Ottawa. (CRAIG GLOVER/QMI AGENCY)

For years, Gary Thomas has run a successful 50-acre Christmas tree farm in North Gower.

And he does it right, a family event with horse-drawn sleighs, tractor-drawn wagons and a warm fire with hot chocolate and cookies waiting for you upon your return from the bush.

Don’t forget the sweet smells of fresh Scotch Pine and Balsam fir.

Idyllic? Absolutely.

Now picture the same Norman Rockwell scene with a 600-foot high wind turbine less than 1 km away.

Sort of jars the senses, doesn’t it?

And then picture the massive turbine casting a shadow over the scene every few seconds.

Thomas says he can barely believe the possibility.

But indeed, there continues to be a looming threat of a wind turbine project as his next-door-neighbour.

A company called Prowind has applied more than once to the province for permission to build the wind turbine project in North Gower.

And when the province opens up for bids again, there’s every expectation Prowind will submit a proposal again.

“We’re not very pleased with it for a number of reasons. Health, there’s the psychological aspect, and the flicker effect, with every few second have a shadow come in front of our house, this is crazy,

“I’m not sure customers having the old fashioned experience will like the shadow,” he said.

Agreed.

Thomas doesn’t just worry about the immediate effects of the turbines, but he and his wife have counted on the farm for their retirement — and if the giant wind turbines are erected, doesn’t know how that will effect the resale value of their home.

“We’re hopeful Watson and council won’t put them in the municipality,” he says, in an interview with the Sun on Wednesday.

The threat of a giant wind turbine farm in their community has galvanized residents of North Gower in opposition of the project.

“We really don’t need these wind power projects,” said Jane Wilson, the chair of Ottawa Wind Concerns.

The group is circulating a petition — which now has about 400 names on it — advising the province North Gower doesn’t want to be home to a wind turbine project.

“It’s a pretty big power plant, I’m not sure people understand that. It’s huge, these are really large machines, they make noise and the vibrations can be upsetting,” she said.

The group has the support of their ward councillor Scott Moffatt, who’s working with them and city staff to craft a motion asking the province to give municipalities a say in where the wind power projects can and can’t be located.

“The majority are against it,” he added.

……………..

Read more at the Ottawa Sun website and take the poll!

Prowind UK: project proposal a misleading shambles

28 Monday Oct 2013

Posted by in Wind power

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Here is a news story about Prowind’s UK division, which actually held job fairs for jobs that didn’t exist in the hopes of getting approval for a contentious wind power project. Now whining that they were misrepresented, they are looking to do a solar installation instead. Changing the company name to Prowind-ooops-solar?

Here is the story.

Wind farm plan ditched as firm is accused of raising false hopes

Prowind's Keith Brooks speaks to residents and Treasury Minister Eddie Teare MHK at Jurby Parish Hall

Prowind’s Keith Brooks speaks to residents and Treasury Minister Eddie Teare MHK at Jurby Parish Hall

  • by Adrian Darbyshire

Nearly 100 villagers voted unanimously at a packed public meeting to oppose on-shore wind turbines.

But the move came after it emerged that the company behind a proposed wind farm and wind turbine manufacturing plant in Jurby had now abandoned its plans for five 150m high turbines at the airfield site and was now exploring options for solar power instead.

In a letter to Tynald members, Prowind managing director Keith Brooks said that following ‘vastly incorrect representation’ of his company in the House of Keys this week, he had no option but to seek an alternative location in the UK for the venture.

And as a ‘gesture towards repairing the damage caused’ to the company’s reputation he suggested that Prowind should receive compensation – a refund of its £120,000 investment costs plus an offer to set the planning fees for both the solar park and industrial unit at £1 each which he said would give ‘sufficient confidence to resume a situation here’.

Michael MHK Alfred Cannan, who called the public meeting at Jurby parish hall, described the situation as ‘a shambles and a joke’.

But he added: ‘It is actually very serious. There is a lot of anger at the way this has been handled. It was presented as a fait accompli and raised temperatures among landowners and residents. I took a vote which was a unanimous “No to wind turbines”.’

In the House of Keys, Economic Development Minister John Shimmin accused Prowind UK of raising false expectations among job seekers who attended a three-day jobs fair organised by the company on behalf of US wind turbine manufacturer Xseres.

Some 70 applicants each day had been due to attend interviews at the Job Centre in Douglas for jobs ranging from office admin and packaging to manufacturing and delivery drivers. They were told the unit would be opened in March or April next year and successful applicants would be offered a start date at the end of November.

Mr Shimmin told MHKs that at a meeting on Friday, Prowind had been told wind turbines could not be erected at Jurby airfield as the site was safeguarded for emergency landings and future aviation use.

He said no formal agreement had been reached with government and the company would need full planning consent before going ahead.

The Minister said: ‘I believe the company made a mistake by approaching the Job Centre and advertising 100 jobs which indicated they were further progressed than this actual business plan is.

‘I would like to make it clear that I’m very interested in talking to Prowind UK. However, the airfield at Jurby will not have the turbines that have been proposed. Prowind may walk away from that area.’

Prowind managing director Keith Brooks, who outlined the firm’s plans at Jurby parish hall on Saturday, claimed the public were ‘extremely supportive’ of both wind and solar power.

Speaking at the jobs fair, he told the Manx Independent that three of the five planned turbines would have been in the way of airfield operations. He said: ‘My current thinking is we don’t need to have turbines on the site. It was always an option to go solely solar. After a second viewing in my opinion a revision to solely solar would be more suitable.’

Mr Brooks said Prowind UK has asked for Andreas Racing Association’s assistance in designing a layout that would allow the safe operation of its activities.

He said: ‘As a company we strive to create local benefit. In the case of Jurby this would be assisting Xseres with all preliminary work which has included initial staff evaluation to determine the existing skills set.’

In the Keys, the Economic Development Minister accused Mr Cannan of undermining the island’s message that it was open for business after the Michael MHK claimed Prowind UK had assets of only £7,000, made a loss of £96,000 and has creditors of more than £165,000.

Questioned about the figures, Mr Brooks told the Independent that the £96,000 was a ‘declared loss for accountancy’.

He added: ‘I’m in charge of the finances of the company and to the best of my knowledge there are no outstanding creditors. There is nothing to hide. Prowind UK is the UK arm of a multi-national company. We are funded directly by the parent company.’

In the Keys, Chief Minister Allan Bell accused MHKs of ‘jumping the gun’ on Prowind’s proposals as no firm proposition had been put forward.’

…..

Email us at ottawawindconcerns@gmail.com

North Gower rally vs proposed wind power project

27 Sunday Oct 2013

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

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(Dear Tom Spears: they are NOT ‘farms’)

From the Ottawa Citizen

North Gower rally opposes possible wind farm

  By Tom Spears, OTTAWA CITIZEN October 26, 2013
North Gower rally opposes possible wind farm

Nearly 300 people came to the recreation centre in North Gower Saturday morning to oppose construction of eight to 10 wind turbines north and west of the village.

NORTH GOWER — Nearly 300 people came to the recreation centre in North Gower Saturday morning to oppose construction of eight to 10 wind turbines north and west of the village.

“They’re too noisy. They are really way to close to people for an industrial power plant,” said organizer Jane Wilson, of Ottawa Wind Concerns. “Far too close to too many people.”

She estimates that 1,100 homes would be within 3.5 kilometres of the turbines.

“A number of the homes are within two kilometres, which is … where you see most of the health effects,” she said.

Her group circulated a map of where it says the turbines would be sited, “and when people start looking at the map and see how close it is, it really makes a difference to them.”

Opponents of wind farms say sound waves that are at too low a frequency for the human ear to hear can cause insomnia, dizziness, headaches and other health problems. The industry says there is no health impact.

Construction could begin in the fall of 2014, she believes.

The proposal by Prowind Canada is on hold for now, but residents expect the company to go ahead eventually. The Prowind website estimates the size of what it calls the Marlborough wind farm at eight turbines, producing up to 20 megawatts.

Nepean-Carleton MPP Lisa MacLeod, who is also the Conservative energy critic, attended the event to support the protest.

“Rural communities are going to be assaulted by these wind turbine developments,” she said.

She said the Conservatives want a moratorium on new wind developments, and an end to subsidies “so that we can put them put of business.”

She also accused the turbines of being costly and inefficient.

Wind farms are common in many parts of Ontario, especially along the Great Lakes, but are not yet common in Eastern Ontario. In some rural communities they have pitted neighbours against each other, with some welcoming the revenue and some saying their health and property values are at stake.

“There are obviously some health issues that need to be explored and Health Canada is doing that right now,” MacLeod said.

Wilson said the Saturday rally collected 282 signatures declaring that North Gower is “not a willing host” to a wind farm.

Nepean-Carleton MP Pierre Poilievre announced on Twitter that the social costs of wind farms are too high and added, “I will continue to stand with you.”

Click here for the map by Ottawa Wind Concerns.

tspears@ottawacitizen.com

Mayor Watson’s letter to our community

05 Monday Aug 2013

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Back in May, after the decision by the Ontario Superior Court of Justice in the case of Wiggins et al vs wpd, we wrote to the Mayor of the City of Ottawa to inform him of the importance of the Court’s decision: that it was acceptable for property owners who live as neighbours to property being leased for industrial-scale wind turbines to sue for property value loss and nuisance at the time of approval of a wind power project (i.e., they do not have to wait until the power project is built), and that the Court accepted that property value loss had already occurred simply with the announcement of the power project near Clearview Ontario, on the order of 22-50 percent.

The effect of the proposed wind power project in North Gower-Richmond will be significant, we wrote , in terms of the potential danger to health (also acknowledged by the Court) and property value loss, which we estimate to be approximately–and conservatively–$70 million.

We received a reply from the Mayor, in which he repeats that this is a provincial responsibility (that was written in all capital letters so we wouldn’t miss it), and that the “regime” [sic] in place for renewable energy approvals is “quite onerous.”

“Should a wind power developer* seek a renewable energy approval in Ottawa,” he wrote, “the City will review all documentation and information relating to the proposed development and fully participate in any such consultative process. …the City will be in a better position to assess its response…and to address any concerns and needs of the public.”  Note he does not say that the City will ensure people are not harmed; he does not say, the City will ensure that its residents are protected.

The letter is here: MayorWatsonLetterJuly17

We wrote back–sorry to take up more of his time–and said that we had recently participated in “dialogue” sessions with the province and found that we, along with other stakeholders, believe the renewable power (they keep saying ‘energy’ because it sounds nicer than power plants, but that’s the truth) planning process is deeply flawed and Ontario needs a completely new process. There was NO ONE from the City of Ottawa at the evening session we attended, and as far as we know, NO ONE from the City of Ottawa at the morning session, hosted by the Ontario Power Authority.

We told the Mayor that we demanded a return of local land-use planning powers to municipalities (removed by the Green Energy Act) and also a cost-benefit analysis including the impacts, financial and health, on local communities.

Many analysts are now describing the province’s “green” energy plan as a monumental policy failure that has already run electricity prices so high it is affecting businesses’ ability to be competitive (let alone survive) and has had an astounding effect on Ontario’s rural and small urban communities.

All we ask is that our City protect us from a power plant that is not needed, which uses an invasive, expensive and unreliable technology,  and which will doubtless negatively affect this community.

NWH-Ottawa.jpg large

Not a Willing Host demonstration, Ottawa City Hall, April 2013; MPP Lisa MacLeod and community members.

Ottawa Wind Concerns

*the Marlborough 1 project is on “hold” until the province announces its new procurement process; wind developer Prowind, headquartered in Germany, told the Ottawa Citizen recently that it intends to reapply when the new process is in place.

ottawawindconcerns@gmail.com

Donations welcome at PO Box 3, North Gower ON   K0A 2T0

Prowind: we want you to be “comfortable”

19 Friday Jul 2013

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

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In the article on the proposed wind power project for North Gower-Richmond appearing in today’s Ottawa Citizen (http://www.ottawacitizen.com/business/Wind+power+projects+harmful+cancelled+plants+critic+contends/8678755/story.html), wind power developer Prowind (based in Germany) representative Rochelle Rumney says the project is “on hold” until the new application process is announced by the Government of Ontario.

Taking a cue from the province, which is making lots of noise about “community engagement” while still NOT returning local land-use planning powers removed by the Green Energy Act, Rumney told the Citizen writer that Prowind wants to work with the community to “try to have everybody be comfortable with the project.”

Comfortable.

Really.

How do we get “comfortable” with the fact that Prowind has concealed the true locations of the turbines and to this date, does not depict the turbines just north-west of a housing subdivision on its website?

How do we get “comfortable” with the fact that by conservative estimates (and this has been accepted by the Ontario Superior Court of Justice) property values could decline by 22-50% ?

How do we get “comfortable” with the fact that, again by conservative estimates, if only 10% of the residents within 3 km of the turbines were to experience sleep disturbance and other health problems, that would mean over 100 people could be affected?

How do we get “comfortable” with the fact that a few people who live here can do this to the rest of their community?

This community has options, none of them comfortable, but they will be pursued.

Just a reminder of who we’re dealing with, here again is the photo of Prowind’s stunning Head Office in Hamilton, Ontario.

Prowind HQ-Hamilton

Donations welcome to cover costs including legal fees: PO Box 3, North Gower ON   K0A 2T0

Ottawa Wind Concerns Inc. is a corporate member of Wind Concerns Ontario.

Wind power project siting process needs to be replaced, says Ottawa Wind Concerns

18 Thursday Jul 2013

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

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Posted by the Ottawa Citizen:

Wind-power projects as harmful as cancelled gas plants, critic contends

By Elizabeth Payne, OTTAWA CITIZEN July 18, 2013 6:04 PM
 OTTAWA —The same process that led to Ontario’s “gas plant fiasco” is being used for wind-generation projects with disastrous results, says the head of a group concerned about a proposed wind farm in rural southern Ottawa.

“The gas plants got all the attention, but the wind-power projects are more widespread — and causing real problems for communities in terms of health problems, social disruption, lost property value and harm to the natural environment,” wrote Jane Wilson in a submission to the Ontario Power Generation and the Independent Energy System Operator as part of a “dialogue” about the way the province locates large power projects.

The consultation process stemmed from the political controversy around the location, and cancellation, of planned gas plants in southern Ontario. The Liberal government’s handling of the costly gas plant issue is the subject of an inquiry and a criminal investigation.

Ottawa Wind Concerns, which Wilson heads (in addition to Wind Concerns Ontario) wants a new system for planning and siting all large energy projects, including wind, that gives local communities more control. The Liberal government’s Green Energy Act gave the province control over location of wind energy projects. In May, the provincial government announced changes that will make developers work more closely with municipalities.

Ottawa Wind Concerns says, however, that the province needs to go further and give municipalities full control over projects as well as treating them the same way an industrial project would be treated. So far 60 municipalities across the province have declared themselves not willing hosts to wind power projects.

“Local land use planning needs to be returned to communities as a start and power projects should be treated as any other sort of infrastructure, with residents having full input to decisions that will affect their community, their financial futures and their health.”

Although many people living near wind turbines complain about health effects, research into the issue is limited. Ontario’s Chief Medical Officer of Health, in a 2010 report, concluded that “the scientific evidence available to date does not demonstrate a direct causal link between wind turbine noise and adverse health effects.” It also concluded that sound from wind turbines with common setbacks is not sufficient to cause hearing problems, although people might find it annoying. It also said there is no scientific evidence that vibrations from low-frequency wind turbine noise causes health issues. The report also said that “community engagement at the outset of planning for wind turbines is important and may alleviate health concerns.”

Health Canada has launched a major study into the effect of wind turbines on health. Meanwhile, federal cabinet minister Pierre Poilievre and Conservative MPP Lisa MacLeod, both of whom represent the riding where the project is planned, are calling for a moratorium on the North Gower project until the Health Canada study is completed.

A spokesman for the company that is proposing to build the project, Prowind Canada Inc., said it is temporarily on hold until the province determines what the new process for awarding wind power contracts will look like.

Rochelle Rumney, environmental co-ordinator with the company, said — environmental coordinator said Prowind would “like to work with the community and try to have everybody be comfortable with the project.”

Meanwhile, during an ongoing July heat wave that has strained the power grid, wind power contributed less than one per cent to Ontario’s power needs this week, something that Wilson says underlines the need for a cost-benefit analysis of wind-power projects.

© Copyright (c) The Ottawa Citizen
OWC notes: despite community opposition, and opposition from elected representatives, despite clear evidence this project will cost taxpayers/ratepayers $4.8 million a year for power we don’t need, it looks like Prowind is still prepared to proceed with the North Gower-Richmond project…or sell it to someone who is. That means, we need even more help and especially funds for legal counsel. Donations welcome at PO Box 3, North Gower ON   K0A 2T0 Email us at ottawawindconcerns@gmail.com

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

28 Tuesday May 2013

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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