That’s the issue for the Tribunal hearing the appeal on the two turbines in limbo in Wainfleet. Whether or not they can be built depends on the Tribunal’s assessment of likely harm.
Not building them, says counsel representing the developer, would be tantamount to expropriation of property, as reported by Greg Furminger in the Welland Tribune. The same lawyer also said, any risk to skydivers would be “abnormal,” basing his statement on appellant testimony that at times referred to turbines being a navigation risk subsequent to a parachute failure.
The Test is, on the balance of probabilities, what is the likelihood of an accident? There is also a test used by the ERT: the mandate to push through applications for turbine development.
The Appellant’s lawyer, Eric Gillespie, outlined the risks to skydivers and stated that to rule against the Appeal would be to take “a gamble” on doing harm. “Rarely killing somebody … doesn’t come close to being acceptable for a project like this,” Gillespie said.
The time of the ruling on the Appeal is still up in the air.