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Trillium Power Appeals Offshore Wind Motion Decision

Monday, November 5th 2012 3:47:29pm

Media Release

Notice of Appeal cites errors in both points of law and evidence

(November 5, 2012, Toronto, Canada)  Trillium Power Wind Corporation (Trillium Power) has served its Notice to Appeal regarding the Rule 21 Motion decision (a mechanism to summarily dispose of an action) delivered by Mr. Justice Robert Goldstein last month. The Trillium Power Notice of Appeal cites both errors in points of law and evidence in the decision rendered in October.

The Government of Ontario filed the Rule 21 Motion in response to Trillium Power’s suit regarding the Province’s cancellation of all Near-shore and true Offshore Wind projects in February 2011. At that time Trillium Power was well advanced in developing a number of projects located between 10 and 120 km offshore in The Great Lakes.

Trillium Power contends that true Offshore Wind developments, appropriately sited from the mainland, should be provided a fair opportunity to follow Ontario’s existing rigorous environmental regulations, managed by the Ministry of the Environment and Ministry of Natural Resources, and complete a comprehensive series of studies, reports and public consultations so that Ontarians can make an informed decision on their renewable energy opportunities.

As the leading North American developer of Offshore Wind, Toronto-based Trillium Power remains poised to work with the Province to find a non-litigious solution to the present situation. Trillium Power believes that an open and frank discussion regarding Ontario’s far-offshore wind resources has the possibility of leading to a carefully crafted, long-term and sustainable plan that meets both the spirit and objectives of Ontario’s successful Green Energy and Green Economy Act.  

A copy of Trillium Power’s Notice of Appeal is available upon request.


For more information, or to schedule an interview, please contact:
John Kourtoff, CEO & Director, Trillium Power Wind Corporation, jkourtoff@trilliumpower.com, 416-483-5850


The Ontario government media release announcing its intention was distributed on the afternoon of Friday, February 11, 2011. This occurred one hour before Trillium Power was to complete financing arrangements for its TPW1 offshore wind project located 28 km from shore in Lake Ontario.

The Province’s media release (http://news.ontario.ca/ene/en/2011/02/ontario-rules-out-offshore-wind-projects.html) announced an immediate moratorium on approving offshore wind projects. The Environmental Bill of Rights, http://www.ebr.gov.on.ca (EBR Registry# 011-0907) outlines the actual action taken by the Province, being the cancellation and confiscation of all existing offshore wind applications.

The offshore wind production potential of The Great Lakes is immense and very conservative estimates see it as a $250 billion industry over a 10-year period.  Subsequent to the Ontario announcement, the US Federal government has accelerated their support for offshore wind, including in The Great Lakes.

Trillium Power’s proposed ‘TPW1’ far-Offshore Wind site is located in the centre of Lake Ontario directly beside the international border with the USA. The TPW1 site is recognized as the most optimal Offshore Wind location in The Great Lakes. The development of TPW1 would jump-start the creation of several thousand Ontario-based sustainable manufacturing jobs, over $1.6 Billion in private sector investment in Ontario and generate between 420 MW and 600 MW of clean, reliable, non-risky and stable-priced electricity for the benefit of all Ontarians.