In Wainfleet Wind Energy Inc. v. Township of
Wainfleet (2013 ONSC 2194), Ontario's Superior Court
of Justice found the Township's anti-wind by-law invalid for
vagueness and uncertainty. Wainfleet Wind Energy (WWE) applied to
the MOE for approval of its 5-turbine wind farm project in the
Township. The province requires wind turbines (IWT) to be set back
at least 550 metres from noise receptors and sets a
maximum for noise of 40 dBA at the nearest noise receptor.
Under the Municipal Act, 2001, a municipality may pass by-laws
concerning the health, safety and well-being of persons. As well,
it can prohibit and regulate matters that are or could become or
cause public nuisances, and prohibit or regulate noise or
vibration. The Township passed a by-law requiring a minimum 2
kilometre setback from any "property" (as defined in that
by-law) for turbines, with a 32 dB maximum noise at the nearest
property. If enforceable, the by-law would have blocked WWE's
project. WWE sought
