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ARTICLE · 10 JUNE 2013

Drennan Anti-Wind Lawsuit Stayed Until Tribunal Decides

Shawn and Trisha Drennan farm in the Township of Ashfield-Colborne-Wawanosh, where K2 propose to develop a wind power project of 140 wind turbines.

CanadaEnvironment

Shawn and Trisha Drennan farm in the Township of Ashfield-Colborne-Wawanosh, where K2 propose to develop a wind power project of 140 wind turbines (270 megawatts).  As discussed in our earlier blog, the Drennans started a lawsuit, hoping to prevent construction of the wind farm. They claim that the regulatory scheme for granting approval to wind turbines violates their right to security of the person under the Canadian Charter of Rights and Freedoms. They also want damages in nuisance and an injunction to stop the renewable energy approval process established by Ontario's Environmental Protection Act (EPA).

On May 15, Mr. Justice A. Duncan Grace of the Ontario Superior Court of Justice stayed the lawsuit. He concluded that the Drennans' action was premature, and must be stayed until the statutory process established by the EPA is complete.  See  Drennan v. K2 Wind Ontario Inc.

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