The lawyer for four midwestern Ontario families is seeking a leave to appeal the Ontario Divisional Court decision on the constitutionality of the wind project approval process, and their effect on the health of nearby residents.
Julian Falconer says the proposed appeal is a matter of public importance because it's the first time Ontario Courts are reviewing the constitutionality of the Environmental Protection Act. He says the rapid growth of wind power in the province is subjecting the vast majority of rural Ontarians to the large industrial wind projects.
Falconer says the appeal concerns the constitutionality of certain provisions of the EPA, and the fact that scientific evidence is still emerging, and there is a lack of consensus. He says the residents psychological integrity is being impacted when wind projects are approved without requiring the wind company to conduct any form of study to determine adverse health effects on neighbours.
The Kroeplin family is appealing the 92 turbine SP Armow wind project. The Drennan Family is appealing the 140 turbine K2 Wind project in Ashfield-Colborne-Wawanosh. And the Dixon and Ryan families in Huron East are living within metres of the St. Columban Wind Project.
"We've asked the appeals court of Ontario if they will hear the case," says Shawn Drennan. "So, sometime in the next 30 to 90 days we will get an answer from the appeals court on whether they will hear the case."
The leave to appeal also points out that the Health Canada summary of studies provides evidence of a dose response relationship of an indirect adverse health impact related to turbine noise and annoyance.
