Judge throws out wind farm lawsuit

Ryan Ross
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Two women try to sue P.E.I. government, other parties involved

A P.E.I. Supreme Court judge has thrown out an attempt by two women to sue the P.E.I. government and other parties involved in the Hermanvile wind farm.

A P.E.I. Supreme Court judge has thrown out an attempt by two women to sue the P.E.I. government and other parties involved in the Hermanvile wind farm.

In his Feb. 27 decision, Justice Ben Taylor ruled Julie Shore and Arla Johnson failed to provide the basic facts necessary for a claim.

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Shore and Johnson named the P.E.I. government, Frontier Energy System Inc., AMEC America Limited as defendants in what they called a “civil complaint.”

The plaintiffs own two businesses in Hermanville and made several allegations against the defendants, including that Hermanville should never have been considered for the project.

Their allegations included that the project was unlawful because the plaintiffs and the community of Hermanville weren’t given the necessary time to collect data needed for residents to make an informed decision.

Shore and Johnson also alleged the government conspired with the other defendants to circumvent and violate Canadian law in order to deprive the community and its members of their rights and cause them harm.

The plaintiffs sought $6 million in damages.

In his ruling, Taylor said Shore and Johnson’s decision to bring a complex $6 million lawsuit against multiple parties without a lawyer was “incredibly rash.”

Taylor said the plaintiffs didn’t follow basic rules in drafting their statement of claim, including not numbering paragraphs consecutively or saying when the allegations happened, started or finished.

The plaintiffs didn’t say how they were injured or suffered loss and their claim was almost completely lacking in any material facts, Taylor said.

In striking the claim, Taylor ordered Shore and Johnson to pay the provincial government $1,500 in costs along with $4,800 to Frontier Energy and $3,000 to AMEC America.




Organizations: Frontier Energy System, AMEC America

Geographic location: P.E.I., Hermanville

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Recent comments

  • Clearspring landowner
    March 18, 2015 - 10:26

    The Hermanville/Clearspring wind plant was bulldozed into the community by Wes Sheridan, who claimed in The Guardian that over 70% of landowners were in favor of the project. In fact, according to the mandatory Environmental Impact Assessment, not one single landowner of high-end coastal property in Hermanville/Clearsprings agreed to allow the windplant into our community. Mr. Sheridan's support came from waivers signed by landowners along Souris Line Road as far as 7 km away from the windplant, in return for an annual payment to allow the transmission lines from the windplant to pass along Souris Line Road. .

  • Bill Kays
    Bill Kays
    March 07, 2015 - 15:48

    I am not speaking about this case in particular but the civil court system in general. Court systems are all about rules. If you don't know the rules you get nowhere slowly? You must follow proper procedures, jump through hoops, skip and dance, but it must be done 'the particular way the courts have deemed in the past'. It's almost like secret knowledge. It is very difficult for a small entity to take on those big guys, especially without a lawyer. The court system needs to be revamped. Rarely can a little person seek or get justice in the courts in civil matters. When did we last review how we do things in the legal system?

  • enough already
    March 06, 2015 - 11:50

    How much money did they suck out of here with there business? They were miles from the wind mill also.

    • Sympathizer
      March 07, 2015 - 12:51

      Because someone with a real concern that their businesses would be affected by these windmills has come forward to question the placement of these windmills is not a bad thing. It is unfortunate they were not better prepared when bring up their lawsuit.PEI is slowly becoming littered with these mills and one day we will realize that we should have taken a lesson from the Danish and placed these machines offshore.

  • david
    March 06, 2015 - 11:24

    The old saying about someone who represents themselves has a fool for client. However that being said there are lots of successful cases won by people who represent themselves just that you need to have an actual case to win. This case was a desperate attempt to claim false damages.

  • Islander 1
    March 06, 2015 - 10:51

    Should have hired a lawyer as the small person alone does not stand a chance it seems.

    • how it is...
      March 06, 2015 - 11:32

      Yeah, the small person with no case in the first place definitely doesn't stand a chance. This is what they would call a frivolous lawsuit. A couple of grumpy-guses just looking to cash in.

    • Good
      March 06, 2015 - 14:00

      Nor should they have stood a chance on this garbage law suit.