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ARTICLE · 31 OCTOBER 2011

Off Shore Wind Lawsuit

Before the election, the McGuinty government put a moratorium on offshore wind projects, claiming that further research was needed.

CanadaEnergy and Natural Resources

Before the election, the McGuinty government put a moratorium on offshore wind projects, claiming that further research was needed. Now, one of the companies that planned to build an off-shore wind farm in Lake Ontario is suing for compensation.

Trillium Power Wind Corp. filed a statement of claim reportedly claiming that the moratorium constituted "a confiscation of property rights, without warning or substantive justification." However, Trillium has not posted its statement of claim, and did not return calls last week.

The claim raises the question to what degree developers can rely on government policies, and whether government can be called to account for losses suffered when it changes its mind. Certainly, the moratorium was inconsistent with the Green Energy Act and many government speeches encouraging the development of renewable energy projects. Trillium may have incurred substantial losses, but does a government invitation to invest in developing

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