The Red Lily Wind Farm in southeastern Saskatchewan will proceed as planned after a legal attempt to stop the project failed.
A Saskatoon Court of Queen’s Bench judge earlier this month dismissed an application for an injunction launched by David McKinnon of Moosomin, Sask.
McKinnon, who sought class action certification on behalf of all affected landowners, said he wanted Red Lily to stop construction until it could implement minimum turbine setbacks of two kilometres. The closest turbine will be 583 metres from an occupied home.
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He suggested residents would suffer health risks, including sleep disturbance, increased stress and depression.
Although the class action did not proceed, McKinnon’s lawyer filed 16 affidavits of people who live within two kilometres of the 16 planned turbine sites.
In his decision, justice Ron Mills noted all of the affidavits expressed concern about potential health risks associated with wind turbines, but none provided a specific risk and none offered a reason why two kilometres is a safe setback distance.
He said the people living in the area were relying on internet searches done by McKinnon for their information.
“None of them have given any evidence to suggest that they have ever been within two kilometres of a wind turbine such as the ones proposed at Red Lily and what effects, if any, those wind turbines had on health or nuisance issues,” Mills wrote.
He said an affidavit filed by Dr. Michael Nissenbaum, which outlined a survey the diagnostic imaging specialist had done in Mars Hill, Maine, about health effects of a wind farm, did not constitute expert opinion.
He rejected Nissenbaum’s opinion in favour of evidence presented by Red Lily, which included an affidavit from a consultant with 13 years of experience in risk assessment.
“The individuals offering opinion evidence in fact are experts in the area that they offer their opinion,” Mills wrote.
Red Lily’s evidence also included information about its project at St. Leon, Man.
“The unchallenged evidence is that there are not the health or nuisance issues at St. Leon that are alleged will occur at Red Lily,” Mills wrote.
He said McKinnon did not show a high probability that injury would occur.
He added that Red Lily would suffer significant cost if the project stopped to wait for a trial. About $60 million has been spent on the $67.5 million project.
