Wind Turbines Drennan v. Suncor

December 11, 2014

Shawn and Tricia Drennan are landowners facing a pending windfarm project known as Kingsbridge II. Kingsbridge II will consist of upwards of 150 turbines one of which will be as close as approximately 650 meters from their home. Twelve more turbines will be located within the surrounding two kilometers. After learning that eleven families living amongst two different wind projects (one located in their neighbouring township) had their homes purchased by wind companies, the Drennans sought to gather key information from these former residents about the adverse health and safety effects of the wind turbines. However, they learned that as a part of the buyout agreements, these residents were blocked from discussing any negative experiences with the wind turbines, including adverse health effects.

The Drennans, supported by the community group S.W.E.A.R. (Safe Wind Energy for All Residents) went to Court, asking the Court to invalidate the non-disclosure clauses which gag their neighbours as fundamentally against the public interest.

Follwoing an unsuccessful, novel constitutional challenge, cost submissions were filed on behalf of the Drennan, Ryan, Dixon, and Kroeplin families. Multi-billion dollar wind companies sought legal costs from the families in the amount of approximately $340,000. The Court subsequently ruled that while some costs must still be paid by the families, they were dramatically reduced- from $340,000 to $67,000.

Lawyers Julian Falconer and Asha James of Falconers LLP acted on behalf of the families.