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ARTICLE · 09 JANUARY 2014

Tribunal Cracks Down On Non-Expert Anti-Wind "Experts"

Ontario’s Environmental Review Tribunal approved another wind farm on December 24, 2013, in "Bovaird v. Director, Ministry of the Environment".

CanadaEnergy and Natural Resources

Ontario's Environmental Review Tribunal approved another wind farm on December 24, 2013, in Bovaird v. Director, Ministry of the Environment. In addition to rejecting the Charter argument, described earlier this week, Bovaird was notable for a slightly tougher approach to witnesses who propose "expert" anti-wind evidence in areas beyond their expertise.

Wind opponents have struggled, unsuccessfully, to prove that wind farms cause adverse health effects. In Bovaird, they tried to fill that gap with opinions from a non-practicing Australian physician, a sound engineer, and an Ontario orthopedic surgeon.

Non-practicing physician – Ms. Sarah Laurie

Ms. Laurie was not permitted to give expert evidence. She has not practiced medicine since 2002, is not registered as a medical doctor, and therefore is not permitted to diagnose medical issues or conditions. However, her proposed evidence consisted primarily of medical diagnoses, precisely what she is forbidden to

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