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ARTICLE · 01 MARCH 2014

Ontario Court Backs Wind Developer At Ostrander Point

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In July 2013, the Environmental Review Tribunal revoked the Renewable Energy Approval issued to Gilead Power to develop a nine-turbine, 22.5-megawatt wind power project at Ostrander Point in Prince Edward County.

CanadaEnergy and Natural Resources
Bennett Jones' Power & Renewable Energy Group
Bennett Jones' Power & Renewable Energy Group
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In July 2013, the Environmental Review Tribunal (ERT) revoked the Renewable Energy Approval (REA) issued to Gilead Power to develop a nine-turbine, 22.5-megawatt wind power project at Ostrander Point in Prince Edward County. The ERT's decision was premised on the view that the local Blanding's turtle – a species protected under the Endangered Species Act (Ontario) (ESA) – would suffer serious and irreversible harm as a result of the wind farm development.

Gilead Power appealed the ERT's ruling to the Ontario Divisional Court and on February 20, 2014, the court ruled in favour of the developer. The court restored the original issuance of the REA, which will allow the project to proceed. In summary, the court concluded:

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