Trillium
Power Wind Corporation's planned off-shore wind farm
in Lake Ontario was effectively cancelled by the provincial
moratorium on off-shore wind development, openly adopted for
political reasons. Trillium sued the Province for $2.25 billion in
costs thrown away and loss of profit, under numerous causes of
action. As we
wrote earlier, the law suit was thrown out when the Province
obtained a Rule 21 judgment, striking out the claim as disclosing
no reasonable cause of action. Trillium appealed, and can now
proceed to trial on the basis of one of its causes of action:
misfeasance by the provincial government in public office.
In a decision released on November 12, the Court of
Appeal continued to dismiss most of Trillium's claims. It was
"plain and obvious, and beyond all reasonable doubt, that the
appellant could not succeed in its claims for breach of contract,
unjust enrichment, taking without compensation, negligent
misrepresentation and negligence, and
