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On May 23, 2014, in Suncor Energy Products v. Town of Plympton-Wyoming, 2014 ONSC 2934 (“Suncor”), Ontario’s Superior Court of Justice confirmed that the provisions of any municipal by-law that purport to prohibit the construction and operation of wind turbines at provincially approved locations will be of no force and effect, and cannot interfere with the issuance of building permits for such turbines. In doing so, the court expanded upon the decision in Wainfleet Wind Energy Inc. v Wainfleet (Township), 2013 ONSC 2194, where an identical municipal by-law that
attempted to impose 2km setbacks and 32dB sound level limits on provincially approved wind farms, in contrast to 550m and 40dBA provincial standards, was found to be “invalid and without force and effect as a result of vagueness and uncertainty.” More…