Divisional Court Justice Lynn Leitch has declined an attempt
by Shawn and Tricia Drennan to prevent construction of a wind turbine near
their home near Goderich, but they still have a couple of options open.
One is a Health Canada study into health effects of wind
turbines.
If it finds that the health of people living near them is at
risk, it’s likely that the Drennans will win.
They also have another Divisional Court case seeking to
block issuance of a permit for the turbine.
Justice Leitch also ruled against a companion complaint
against a 15-turbines St. Columban project near Seaforth.
The turbine planned near the Drennans is part of the K2Wind
project to build 140 turbines at a cost of about $850 million.
The investors say they need approvals to go ahead now, but they
could stop if the Health Canada study finds changes are necessary.
It’s that ability to reverse course that Leitch mentioned in
her decision.
In her words, dismissing the lawsuit will “not cause
irreparable harm to the Drennan family.”