Action Against Proposed Wind Farm Fails

​K2 Wind proposes to build a wind power project in Ashfield-Colborne-Wawanosh township in southwestern Ontario, where Shawn and Trisha Drennan are farmers. The Drennans oppose the erection of wind turbines near dwellings and brought an action against K2, seeking Charter remedies, damages in nuisance and an injunction stopping the process for the approval of K2's project under the Environmental Protection Act  (EPA). They argued that the EPA process is arbitrary, unfair and flawed; it does not confer jurisdiction on the relevant tribunal to award damages for nuisance, or to grant injunctive or Charter relief.

Grace J of the Superior Court thought the whole thing premature. The EPA process is not inherently unfair or inadequate, and it does provide sufficient remedies for parties in the position of the Drennans (if not quite the panoply of options available from a court). K2's approval was, moreover, not a foregone conclusion and had only got part way throughout the