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Wednesday, September 14, 2011

Wind Disclosure to Court

Regional | by Peter Jackson  

Family near Goderich wants to find out what it's like to have a wind turbine on their land.


An Ashfield Colborne Wawanosh couple is going to court in a bid to lift non-disclosure clauses in wind energy buyout agreements.

Shawn and Trisha Drennan live in the area planned for the Kingsbridge Two wind power development near Goderich that will see over 150 wind turbines built.

One of the turbines will be 650 metres from their home.

The non-disclosure clause forbids former property owners from discussing anything with relation to wind turbines being placed on their land.

The Drennan's learned of the clause when they tried to find out about the reported adverse health effects of turbines.

Their lawyer Julian Falconer says his clients could break new legal ground if they're successful.

He's not familiar with such non-disclosure clauses but says courts in the past have struck down parts of contracts if they go against the public interest.

Falconer says information about the project and wind turbines themselves must be shared with the public.

His main question in the case concerns how many other so-called gag-orders have been embedded in contract agreements.

Falconer says his clients and other rural residents living near wind farms are being mistreated.

He compares the Drennan's to "lab rats" and says they're being experimented on while the developer is legally protected through the non-disclosure clause.

Falconer has made application to the Ontario Court of Justice in Toronto to proceed with the challenge.

 

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