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.
Costs Decision March 6, 2015
Cost submissions of the appellants February 13, 2015
Cost submissions of K2 Wind Ontario January 16, 2015
Cost submissions reply of K2 Wind Ontario February 23, 2015
Cost submissions of SP Armow Wind Ontario January 16, 2015
Cost submissions reply of SP Armow Wind Ontario February 23, 2015
Cost submissions of St. Columban Energy LP January 16, 2015
Cost submissions reply of St. Columban Energy LP February 23, 2015
Appellants’ Supplementary Notice of Motion for Leave to Appeal. January 19, 2015
Judgment. December 29, 2014
In the News
Ontario court slashes 340K legal bill for wind farm opponents to 67K Global News, March 8, 2015
Ontario Anti Turbine Farm Families Fight Whopping Legal Bill From Wind Farm Companies Huffington Post, March 1, 2015
Farm couple challenges gag order of those who sell land to wind farms Toronto Star, September 13, 2011
Ontario’s wind farm approval process faces constitutional challenge Financial Post
Armow Wind Tribunal hearings end Kincardine News, February 26, 2014
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