Back to all Representative Matters
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.

Related Representative Matters

Representative Matters
Charlesfort Developments Awarded $4.5 Million in Damages in Lawsuit with the City of Ottawa Timothy J. Hill, N. Jane Pepino, Mark van Zandvoort, Angela Swan and Dillon Collett Jul 25, 2019 Charlesfort Developments Ltd. has been successful in its lawsuit brought against the City of Ottawa regarding a land use planning matter related to a new condominium development.
Representative Matters
Durham Region Reaches $6.2 Million Settlement Timothy J. Hill and Courtney Raphael Apr 25, 2018 The Region of Durham, represented by Aird & Berlis litigation lawyers Tim Hill and Courtney Raphael, successfully reached a settlement with the City of Oshawa regarding a 12-year legal battle arising from the amalgamation of Durham Region Transit services in 2006. As a result of the settlement, t...
Representative Matters
Supreme Court of Canada Rules in Favour of City of Windsor Christopher J. Williams and Courtney Raphael Dec 08, 2016 The Supreme Court of Canada today issued its decision in a dispute between the City of Windsor and the Canadian Transit Company (“CTC”). The case, argued on April 21, 2016, was an appeal relating to the jurisdiction of the Federal Court to decide matters involving the applicability of municipal b...