Environmental Review Tribunal exercises discretionary remedial power in Ostrander wind farm case

OslerOf interest to many people within Prince Edward County is the recent Ostrander Point wind project case Remedy Hearing decision. Osler Hoskin & Harcourt LLP is a legal firm that has followed this ERT Appeal throughout the course of the appeal and has provided articles on the decisions made by the Ostrander Point Wind Project Environmental Review Tribunal, the Ontario Division Court and the Ontario Court of Appeal.

They have provided a crisp summary of the Remedy Hearing decisions with background information and came to some conclusions. By going to the enclosed link, APPEC members might find it very helpful in reviewing a summary of the decision with some of their conclusions:

In its June 6, 2016 decision, the Environmental Review Tribunal (Tribunal) revoked the Renewable Energy Approval (REA) that had been granted to Ostrander Point GP Inc. (Ostrander) to develop a nine turbine wind farm. This decision is relevant for stakeholders in Ontario’s renewable energy industry because it is the first case to provide insight into how the Tribunal will exercise its discretionary remedial powers where a REA is found to meet the “harm test” in section 145.2.1(2)(b) of the Environmental Protection Act (EPA).   Click here to read the full article.

Additionally, here are some related articles Osler has published on the Ostrander Point and the White Pines wind projects.

Related Canada articles

  1. Ostrander Point wind project returns to the Environmental Review Tribunal
  2. Ostrander Point wind project gets green light from Ontario Divisional Court
  3. Ontario Court of Appeal decides Ostrander wind farm project and sends dispute back to the ERT
  4. Environmental Review Tribunal rejects first renewable energy approval
  5. ERT Allows Another Appeal of a Wind Farm Approval


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