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ARTICLE · 15 MAY 2013

Ontario Court Dismisses "Speculative" Challenge To A Prospective Wind Turbine Project

Osler, Hoskin & Harcourt LLP
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A discussion on a recent case, where the Ontario Superior Court of Justice dismissed the plaintiffs’ claims for injunctive relief and $16.6 million in damages against a prospective wind turbine project, granting the defendants’ motions for summary judgment.

CanadaLitigation, Mediation & Arbitration
Osler, Hoskin & Harcourt LLP
Osler, Hoskin & Harcourt LLP
Lindsay Rauccio
Lindsay Rauccio
Jennifer Fairfax
Jennifer Fairfax
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In Wiggins v. WPD Canada Corporation,1 the Ontario Superior Court of Justice dismissed the plaintiffs' claims for injunctive relief and $16.6 million in damages against a prospective (not yet approved) wind turbine project, granting the defendants' motions for summary judgment.

The Court found that the plaintiffs were unable to show that they had a viable cause of action in nuisance, negligence, trespass and strict liability until the project received its final Renewable Energy Approval (REA), if ever. The Court also said that it would be inappropriate – and also impossible – to decide the claims advanced by the plaintiffs on a proposed project that could be subject to amendments in its design plan under  the regulatory REA process, which had not yet been completed.

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