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Jan 8, 2015

Vineland Power Inc. Successful in Another Wind Appeal

Vineland Power Inc. (Vineland) was successful at a recent appeal before the Ontario Environmental Review Tribunal of Vineland’s amended Renewable Energy Approval. The decision in Fairfield v. Director, which was issued on December 23, 2014, involved an amendment to approval conditions for a five wind turbine renewable energy project in West Lincoln.

The Tribunal clarified that it only has jurisdiction to consider matters of the amendment to the Renewable Energy Approval on an appeal, and not the original Renewable Energy Approval itself. In addition, the Tribunal confirmed the nature of the evidence required on appeal to meet the statutory test. Finally, the Tribunal fully dismissed the constitutional challenge made by the appellant. In this decision, the Tribunal was very clear that there has to be real evidence brought forward, not just supposition and the threat of harm.

Scott Stoll and Jody Johnson, with the assistance of articling student Laura Dean, acted for Vineland. Scott and Jody were also successful in resolving the appeal of the initial project approval in 2013. This is the most recent in a series of successes for Scott and Jody in renewable energy approval matters.

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