May 23, 2024

The Queens County Citizen

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The wind developer claimed $1 million in legal fees

The wind developer claimed $1 million in legal fees

Promoter Éliennes de l'Érable rejected the class action request, demanding nearly $1 million in court costs from the citizens of Saint-Ferdinand.

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These citizens, Jean Rivard and Yvan Bourque, wanted to be compensated for the negative impacts they had during the construction and operation of the wind farm located in the MRC de l'Érable.

Two citizens, Michel Vachon and Claude Charron, are among the plaintiffs in the collective action, shocked by the approach brought by the promoter of the Arable Wind Turbine Park, which, in their view, is pitiful and threatening.

Courts, including the Court of Appeal, rejected their request for compensation for disturbance and inconvenience caused after installing nearly fifty wind turbines on their land, not expecting the company to demand reimbursement for legal costs, including expert appraisals. Costs, in the amount of $940,000 from plaintiffs Yvonne Bourque and Jean Rivard, and therefore from class action members.

This is a record amount claimed from citizens as part of a plea for collective action.

The citizens' attorney, David Bourgoin, described the request as abusive and argued that these costs, by choice or neglect, were never mentioned or discussed before the judge during the trial.

What's more, the promoter is also demanding $500,000 in reimbursement for monitoring of sound levels carried out by firm SNC, although this is required by government decree as part of the project.

It is hard not to see in this approach, citizens, threats against them, aimed at preventing any promoters who want to install wind turbines in residential areas in the future from standing up.

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