$2.25 Billion Claim to Proceed
(November 13, 2013, Toronto, Canada) Trillium Power Wind Corporation (Trillium Power) has won its Appeal of the Rule 21 Motion decision (a mechanism to summarily dispose of an action), originally delivered by Mr. Justice Robert Goldstein on October 5, 2012.
Yesterday's Ontario Court of Appeal ruling will allow Trillium Power its day in court to seek damages of $2.25 Billion arising from Trillium Power's claims of "misfeasance in public office" by the Ministries named in the action.
Trillium Power claims that it had been specifically targeted by the February 11, 2011 press release which was issued the same afternoon as Trillium Power was receiving a $26MM tranche of its financing deal.
The Government of Ontario lawyers filed the Rule 21 Motion in response to Trillium Power's suit against the Crown after the Province's cancellation of all near-shore, offshore and far-offshore wind projects in February 2011. At that time, Trillium Power was well advanced in developing several far-offshore wind projects located between 10 and 120 kilometers from the mainland in The Great Lakes - especially its TPW1 location (see attached map).
John Kourtoff, President & CEO, Trillium Power Wind Corporation was quick to observe that, "While Trillium Power is pleased with the decision rendered today, we have always held that litigation was our last choice after trying everything else. We remain open to working in cooperation with the new Premier, Hon. Kathleen Wynne, and her Ministers to remedy this unfortunate situation that they inherited. The goal is for Ontario to regain its North American leadership position in advancing far-offshore wind generation projects."
Kourtoff also states, "Trillium Power appreciates today's decision by the Court. We now have an opportunity to go forward and present our evidence and air the facts regarding the improper actions that were taken against us by the previous government. We want to work with the new Ontario government and hope that they seriously consider a dialog with Trillium Power. Trillium Power wants to remove the $2.25 Billion financial risk to Ontarians."
Trillium Power remains hopeful of developing its TPW1 far-offshore wind site in eastern Lake Ontario which will not be visible from shore. As a Toronto-based company supported by Canadian investors, Trillium Power's far-offshore wind projects have the potential to drive local economic development and provide good jobs in Ontario, while producing clean, renewable and reliable power.
A copy of the ruling is available at http://www.ontariocourts.ca/decisions/2013/2013ONCA0683.htm.