Legal – APPEC Report (Part 2) on Jan 23, 2014 ERT Appeal Hearing on health

APPEC’s case is being heard by Justices Nordheimer, Linhares de Sousa and Whitaker of the Ontario Superior Court of Justice (Divisional Court).

To give some background APPEC appealed the Environmental Review Tribunal’s Decision of last July (2013) to dismiss APPEC’s appeal based on its findings that:

[627] The evidence in this proceeding did not establish a causal link between wind turbines and either direct or indirect harm to human health at the 550 m set-back distance required under this REA.

[628] The evidence in this hearing did not establish that engaging in the Ostrander Point wind turbine project in accordance with the REA will cause serious harm to human health.

[629] For these reasons the Tribunal finds that the Appellant has not established that engaging in the Project in accordance with the REA will cause serious harm to human health

The grounds for appeal are narrow: the Court will only consider whether errors of law were committed by the Environmental Review Tribunal (Robert Wright and Heather Gibbs) in arriving at their decision to dismiss APPEC’s case.   Continue reading …

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