Ontario Court Ruling An Important Precedent For Wind Farm Developers

Wind farm developers in Ontario are being threatened with litigation from neighbouring residents who claim property values are suffering because of the perceived health concerns associated with wind turbines. These claims were recently the subject of an investigation undertaken by the CBC that reported homes near wind farms were selling for less and taking longer to sell than other homes. The issue has also been raised before the province's Assessment Review Board by property owners seeking to lower their property tax assessments.

A recent ruling from the Ontario Court of Appeal in Ellen Smith v. Inco Limited will provide the province's wind developers with stronger hand in fighting back against such claims. The claimants in the Inco case alleged that their property values were reduced by nickel contamination that originated from Inco's refinery in Port Colborne. They succeeded at trial and Inco was held liable for the tort of nuisance and under strict liability