Canada: Trillium Power Files Amended Statement of Claim for $500 Million

On December 12, Trillium Power Wind Corporation filed a “Fresh as Amended Statement of Claim” as ordered by the Court of Appeal.

Read the document here: Fresh as Amended St. of Claim Dec. 12 13

Ontario Superior Court of Justice filing responds to an Ontario Court of Appeal ruling last month that allowed Trillium Power its day in court to seek damages arising from their claims of “misfeasance in public office” by the Ontario Ministries (Natural Resources, Energy and Environment) named in the action.

The amended Statement of Claim shows a resolution in size of a claim for $500 million in response to the November 13th, 2013 ruling.

This action stems from a decision made by the Ontario government to cancel Trillium Power’s TPW1 project on February 11, 2011 only hours before Trillium Power was to secure a $26 Million funding tranche. Consistently, since the hasty and unexpected cancellation of Trillium Power’s far-offshore wind project (the news was delivered to Trillium Power via a government’s press release), Trillium has maintained their position of advancing the project and employing Ontarians instead of going to the courts.

Trillium Power is a Toronto-based company supported by small individual Ontario investors and this far-offshore wind project has the potential to drive local economic development and provide good jobs (between 55,000 and 62,000 person-years of construction employment) in Ontario (with significant concentration in the Kingston-Quinte area), while producing clean, renewable and reliable power.

At cancellation time, Trillium Power was well advanced in developing several far-offshore wind projects located (between 10 and 120 km. from the mainland) in various Great Lakes location. The project known as the TPW1 far-offshore wind site in eastern Lake Ontario (see map) was a priority project. As the map shows TPWI, located near the Ontario-USA border, will be functionally invisible to the closest landfall distances of 17 km, 20 km and 29 km.

Far-offshore wind production is very different than land-based wind generation. The dynamics of wind and differential heating over water means a more consistent, steady and predictable wind supply, including during periods of high demand in the summer. This crucial difference in wind regimes is not always understood however it has already been proven at freshwater locations in Europe for over 20 years.

“I had hoped after the positive 2013 legal Court decision to see a sign of cooperation from the Province. This would have allowed speedier construction rather than into a lengthy legal process and risk a $500 Million payment on the citizens of Ontario,” said John Kourtoff, President & CEO, Trillium Power Wind Corporation. “The TPW1 project is compatible with the new Long-Term Energy Plan, not visible from shore and will produce clean power. Trillium Power remains open to working with the Premier and her team as we are dedicated to providing good jobs for Ontarians and producing clean power.”

“I like to remain optimistic that we will moving forward, but after countless attempts to reach out to the government of Ontario it is becoming increasingly difficult,” stated Kourtoff, “I remain open to discussing this issue with the correct officials to find a mutually beneficial solution—one that creates jobs for Ontarians and drive economic development, instead of costing tax payers money.”

Press release, December 16, 2013; Image: Trillium Power