Dianne delivered a presentation to the American Bar Association
on July 22, providing a comprehensive overview of wind litigation
in Ontario since the Green Energy Act came into effect.
She traced a number of trends in the types of wind cases that
are being brought before the Environmental Review Tribunal
(including the persistent failure of challenges to wind approvals,
especially those based on human health concerns, and the wave of
constitutional challenges that followed initial failed challenges
based on purely statutory grounds and which may now be petering
out). She also discussed several of the more interesting and
unusual cases, most of which we have written about before,
including
Cham Shan Temple v Director (whether turbines violated the
Charter rights of pilgrims who might be distracted when potentially
passing them by en route to a temple),
Dixon v Director (whether the statutory test opponents are
required to pass violates their section 7 Charter
