Chatham ERT Hearing

Legal Challenge Now Underway Against the Global Wind Industry


Or Pay by Cheque


We call upon all concerned citizens around the globe to dig deep into their pockets and contribute to this precedent setting case which will have global repercussions. 

of evidence and the largest single gathering of internationally renowned experts has been assembled.  The international wind industry will face one of its biggest challenges beginning on February 1, 2011.  Canada will be at the centre of a legal battle of global proportions. 

In response to a recent approval of an industrial wind development, an appeal has been submitted to a Tribunal (ERT). The appeal is based chiefly on the issue of serious harm to human health from noise and low frequency sound. The appeal raises other issues such as the government’s apparently admitted inability to predict, measure, or assess noise levels.

A compelling and unprecedented witness list has been assembled on all sides. This appears to be the largest single gathering of internationally renowned experts that has taken place on these issues.  In all more than 20 experts and specialists in medicine, human health, acoustics and government will be appearing.

The project is owned by Suncor Energy Inc. an “integrated energy company” strategically focused on developing Canada’s oil sands.  Suncor’s reported assets at December 31, 2009 were $69,746,000,000.

Suncor’s obvious financial means together with an apparent limitless cash supply for the government of Ontario indicate the resources our opponents have at their disposal.

Therefore, we call upon all concerned citizens around the globe to dig deep into their pockets and contribute to this precedent setting case which will have global repercussions.

What is at stake is nothing less than the future of wind development around the world.

The litany of half-truths and misinformation from wind lobbyists denying the adverse health effects of wind turbines must come to an end. Financial support is what is needed now to fight this case.

We have assembled a staggering amount of evidence and an extraordinary array of international witnesses. The appellants will be calling experts from New Zealand, the United States, the United Kingdom, Australia and Canada.  They include:

  • Dr. Robert Y. McMurtry, M.D., F.R.C.S.(C), F.A.C.S., Surgeon and Health Policy
  • Dr. Michael A. Nissenbaum, M.D., Physician
  • Dr. Jeffery J. Aramini, Ph.D., M.Sc., Epidemiologist
  • Dr. Carl V. Phillips, Ph.D., M.P.P., Epidemiology and Public Policy
  • Dr. Christopher D. Hanning, BSc, MB, BS, MRCS, LRCP, FRCA, MD, Sleep Specialist
  • Dr. Arline L. Bronzaft, Ph.D., M.A., B.A., Noise Specialist
  • Richard R. James, INCE, Noise Control Engineer
  • Dr. Jeff Wilson, Ph.D., Epidemiologist
  • Dr. Robert Thorne, Ph.D., Noise Specialist and Environmental Policy
  • Dr. Daniel Shepherd, Ph.D.  Psychoacoustic Specialist

Gather up your wind action groups and get involved in raising funds for this internationally ground-breaking legal challenge! We all win if we win this precedent setting case.

Here’s how:

Ø      Use this document for any media purposes

Ø      Forward to all groups you are connected with

Ø      Post this on your websites

Ø      Ask everyone you know facing industrial-scale wind developments to make a donation

Ø      Donations can be anonymous

Ø      Please make your cheque out to :    “Douglas Desmond, In Trust”   Indicate the funds are for the “Kent-Breeze Appeal”.


Douglas Desmond, Barrister & Solicitor
PO Box 129,
27 Main St. E
Ridgetown, Ontario, N0P 2C0
Phone: 1-888-674-1955 or  Fax: 1-519-674-1957
Office: 1-519-674-1955

Global Call for Support – Fundraising Letter

Dates, Location, and Tentative Schedule:

Chatham – Chatham Kent Municipal Offices, 2nd floor in the Council Chambers – 315 King St. West.    Map

Toronto –  655 Bay St, 16th Floor is located at Bay and Elm St.  Elm St. is between Dundas (to the south) and Gerrard (to the north).     Map

Feb 1 – Chatham
Opening statements and preliminary issues/motions

Feb 2 – Chatham
Mr. Rick James
Feb 9 – Toronto – 9:30 a.m.
Dr. Michael Nissenbaum – by video – some portions closed to the public
Dr. Bob Thorne/Dr. Daniel Shepherd – by video
Feb 10 – Toronto
Dr. Jeff Aramini – some portions closed to the public
Dr. Jeff Wilson – some portions closed to the public
Feb 11 – Toronto
Dr. Chris Hanning

Feb 15 – 10am start time
Dr. Bronzaft
Dr. Phillips
Feb 16 – 9am start time
Dr. Hanning – completion by video
Dr. McMurtry



March 2 – Toronto
William Palmer

March 4 – Toronto

March 11 – Toronto

March 22 and 23 – Chatham

March 25 – Toronto

March 29, 30, 31 – Chatham

The expert witness list for Suncor and MOE have been revised.  The updated witness list is below:

Witness List for Director, Ministry of the Environment

  • Mansoor Mahmood, Acting Manager – Renewable Energy Approval Unit
  • John Kowalewski, Noise Engineer – Renewable Energy Approval Unit
  • Dr. David Colby, Acting Medical Officer of Health for Chatham-Kent
  • Brian Howe, HGC Engineering
  • Payam Najafi-Ashtiani, P.Eng., Representative of Aercoustics Engineering Ltd.
  • Dr. Gloria Rachamin, Ministry of Health (author of CMOH Wind Report, May 2010)

Witness List for Suncor (Proponent)

  • Grant Arnold, Director, Wind Development and Operations, Suncor
  • Robin Skinner, P.Eng., HATCH Acoustics
  • Dr. Kenneth A. Mundt, PhD, Director of Epidemiology, ENVIRON
  • Dr. Geoff Leventhall, Ph.D., Consultant in Noise Vibration and Acoustics
  • Dr. Christopher Ollson, Ph.D., Environmental Science
  • Dr. Robert McCunney, Co-author of A/CanWEA report
  • Dr. William Holley, Chief Consulting Engineer, Wind Systems, GE Energy

Posted on February 13, 2011, in Environmental Review Tribunal, Suncor, Take Action, Take it to court. Bookmark the permalink. Leave a comment.

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