On June 21, the Ontario Court of Appeal rejected the application by Ian Hanna for leave to appeal the Divisional Court's dismissal of his challenge of Ontario's wind project regulations.
As previously reported, the Ontario Divisional Court dismissed Ian Hanna's application for judicial review of provincial regulations that established a minimum setback distance for wind turbines. Mr. Hanna alleged that the government did not give adequate consideration to the health risks posed by low frequency noise and vibration emitted by wind turbines. The Divisional Court disagreed, holding that the government had conducted full public consultations and had considered science-based evidence in arriving at the 550 metre minimum setback requirements for turbines.
While Mr. Hanna's case may have reached an end, it is likely that wind project opponents will continue to object to wind farms on a case-by-case basis before the Environmental Review Tribunal.