The controversy around Ontario's Green Energy Act has faded since the OLP won their majority. Konrad Yakabuski can whine as much (and as inaccurately) as he wants, but Ontario anti-wind activists are basically left to pound sand for the next couple of years, losing in court and before the Ontario ERT and handing lawyer Eric Gillespie their hard-earned money for leading them into folly over and over again. Furthermore, given that repealing the act was placed front and center of the Hudak Tories' disastrous election platform, I wouldn't be surprised if the next leader of that party doesn't just quietly file the whole issue away as "not helpful".
But there are still a few new twists to be added to the saga. For example, I've written about the various Ostrander Point decisions on numerous occasions. Originally, the wind farm there was shot down because its attendant road network might threaten the local population of Blanding's turtle. This decision was later overturned, and that decision was in turn appealed.
While the appeal has not yet been heard, nevertheless the bill for legal actions to date has come due for the appellants. The Prince Edward County Field Naturalists and the Alliance to Protect Prince Edward County, who have led the charge against the project, have been ordered to pay the wind development company $50,000 all told. Some of the factors considered in this decision:
1 Nature of the unsuccessful litigant – The PECFN and APPEC are not public advocacy groups pursuing a broad public policy mandate. As residents of Prince Edward County, they have a "direct and personal interest" in the outcome of the litigation.
5 Final consequences to the parties – While Ostrander is better suited to absorb costs associated with the litigation, that alone is not a reason to deny costs. One function of awarding costs is to ensure that all parties "consider the wisdom of pursuing litigation and understand that there are consequences for doing so".
It will be interesting to see what next steps are taken by the province's various anti-wind groups. Given that the court/ERT decisions have been going against them for years, and that political salvation in the form of a PCPO government ready to repeal the GEA is years away, if ever, I wouldn't be surprised to see some fall-off in activity.