PPEC News: APPEC Appeals ERT Decision on Human Health

Fellow APPEC Members:

On August 2 APPEC filed a Notice of Appeal to the Divisional Court of Ontario challenging the Environmental Review Tribunal’s decision on human health.  Due to the long weekend the board delayed issuing the news release below until today.

The grounds for appeal of all ERT decisions are perceived errors in law.  APPEC’s Notice (attached) states:  “ The Tribunal erred in law and/or acted unreasonably by failing to apply the appropriate standard of proof in assessing the Appellant’s evidence, and thereby misinterpreting and misapplying the criteria established under section 145.2.1(2)(a) of the EPA.”  Specifically, it erred in finding that that the evidence did not establish a causal link between wind turbines and either direct or indirect serious harm to human health at the 40 dBA limit or at 550-m setbacks.

Despite filing an appeal by the statutory deadline, the board continues to review the grounds because this is another expensive legal undertaking and carries with it the liability for costs.  Gilead Power, in its Notice of Appeal, is seeking costs from the Prince Edward County Field Naturalists.  The APPEC board therefore wants to be fairly certain of the potential for a positive outcome and especially of APPEC’s capability to oppose all wind development in the County.   Since an appeal on health applies to every Ontario wind project, it is part of APPEC’s strategy in fighting wpd.

The next stage of the appeal process requires APPEC to clarify its legal arguments within 30 days.  During this time the board will be consulting further with our lawyer as well as watching the progress of other relevant Ontario legal cases, two of which involve a Canadian Charter of Human Rights challenge.

In making a decision to proceed with the appeal the board would find it useful to hear from APPEC members.  Please reply with your own views this week so the board can gauge the extent of member support.


Henri Garand

Chair, APPEC


  FOR IMMEDIATE RELEASE                                                                                                          August 6, 2013



                   Alliance to Protect Prince Edward County appeals Environmental Tribunal Decision on health

Picton, Ontario/ The Alliance to Protect Prince Edward County (APPEC) announced today they have filed an Appeal to the Ontario Divisional Court of the recent Environmental Review Tribunal Decision (ERT) on serious harm posed to human health by a wind turbine development at Ostrander Point, in Prince Edward County.

According to APPEC legal counsel, Eric Gillespie, this Appeal is based on alleged errors in law found in the ERT July 3, 2013 Decision on APPEC’s Appeal of the Renewable Energy Approval issued to Gilead Power by the Ministry of the Environment.



For more information please contact:  Ian Hanna  (416) 988-4007


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