Court Grants Trillium Power’s Destruction of Evidence Motion

The Ontario Superior Court of Justice has authorized Trillium Power Wind Corporation to amend its Statement of Claim against the Government of Ontario to include the claim of Spoliation, which refers to a willful destruction or suppression of evidence relevant to a legal proceeding.

Trillium Power is seeking damages of $500 million for misfeasance in public office including the deliberate destruction of the evidence contained in the government’s computers.

The action arises out of the cancellation of Trillium Power’s far-offshore wind projects just hours before the company was set to complete a $26 million equity financing. TPW1, Trillium Power’s most advanced far-offshore wind development, is approximately 28 km from the mainland, near Kingston.

John Kourtoff, President and CEO of Trillium Power, stated: “We were shocked to recently find proof that there was a willful destruction of evidence more than one year after Trillium Power sued the Government of Ontario. We strongly believe that this is both an attack on the administration of justice and on our carefully-balanced evidentiary-based legal system.”

“What has been perpetrated here is an affront to the sensibilities of all Ontarians. Given recent disclosures of the destruction of information regarding the gas plants we intend to aggressively pursue this ongoing action and to consider additional legal steps.” 

“The Premier of Ontario has to decide if she wants to resolve this matter, which is a litmus test for Canadian and international investors as well as for the rule of law in Ontario.”

Morris Cooper, Trillium Power’s legal counsel, stated: “This case will be set for trial by the end of August and is expected to be heard in early 2016.”

John Kourtoff further stated: “The attack by the Government of Ontario on Trillium Power destroyed thousands of well-paying and sustainable manufacturing, construction, engineering, operations and maintenance jobs scheduled to come to Ontario. Furthermore, we contend that Ontario’s actions were designed to benefit a far less advanced foreign-owned applicant at the expense of Trillium Power.”

Image: Trillium Power