Michaud v. Sun Corp. is a civil action that has been
commenced in the Ontario Superior Court by a neighbour of the Kent Breeze Wind Farm. Unlike the Hanna and
Erickson cases, which unsuccessfully attempted to prevent the
permitting of wind projects, the Michaud case seeks
damages and an injunction now that the wind farm has been
built.
The Michauds live approximately 1.1 kilometers from Kent Breeze,
more than twice as far as the 500 metre setback mandated by the
Province under the Green Energy Act. They are suing for
millions of dollars in damages based on the traditional
environmental causes of action: nuisance, negligence, trespass, and
Rylands v. Fletcher. The Rylands and trespass
claims are hard to reconcile with Smith v. Inco and it
will likely be hard to win on negligence if the farm was built in
accordance with provincial permits. Accordingly, the case is likely
to come down to the question of nuisance, that is whether the
operation of the wind farm creates an
