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Anti-wind campaigner loses setback decision

CANADA: Ontario’s highest court has dismissed an attempt by a wind power opponent to challenge the rule dictating how close turbines can be placed to dwellings.

Ian Hanna's legal challenge was over the province's 550 metre setback rule
Ian Hanna's legal challenge was over the province's 550 metre setback rule

The Court of Appeal of Ontario rejected an application from Ian Hanna for leave to appeal a March lower court ruling that the government had followed the necessary steps in setting a setback distance of 550 metres.

The government’s decision-making process included a public consultation and the review of science-based evidence.

Hanna’s lawyer Eric Gillespie had argued that the regulation wasn’t based on sound scientific evidence and did not take into account any possible negative impacts to human health that turbines may cause.

The court of appeal gave no reason for rejecting Hanna’s application for leave to appeal.

Although the court challenge has ended, opponents of can still take their arguments to the province’s environmental review tribunal on a case-by-case basis.

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