Next Steps after MOE Dec 2013 Approval of Sumac Ridge

The Preliminary Hearing  will be held on Friday January 24th starting at 10: 00 am.  If the Tribunal agrees that the appeal will be heard, it will begin on Monday February 24th starting at 11:00 am. The hearing will be held at:

 Howard Johnson, Kawartha Room, 354 Lindsay Street, South, Lindsay, ON.



The Legal Committee is working around the clock to ensure that this Appeal is the most detailed and arduous to date. This has required hours of legal review, gathering thousands of pages of documents, interviewing experts, lining up presenters, and organizing all of this in a manner that co-ordinates our legal counsel, Eric Gillespie and his office. in addition to focusing on health concerns and the Oak Ridge Moraine, there has been considerable co-ordination with the Cham Shan Temple who are also working to prepare their case, and we are also meeting with First Nations people who have now expressed specific concerns.
1. DO NOT GIVE UP !  We can win this appeal but we need everyone’s help to pitch in.
A)  Within 5 days please send MWC e-mail, ( )or mail ( 1450 Highway 7A, Box 14, Bethany, ON , L0A 1A0) any and all documentation you have with regard to wildlife, flora, streams, creeks, fish, snakes, etc if you live within roughly 2km of any of the turbines. We are flooding the Appeal with documents so do NOT decide on your own whether or not what you have is important. Please just send it. For instance  we have a photograph of a young eagle spotted nearby that we are sending . Will the wind turbines cause Eagles serious and irreversible harm ? Once they suck one in and batter it to death, the answer is yes !  ANY DOCUMENTS ON  SUBJECTS THAT YOU FEEL WILL CAUSE SERIOUS HARM TO HUMAN HEALTH , OR SERIOUS AND IRREVERSIBLE HARM TO THE ENVIRONMENT ARE  IMPORTANT.
Make your request by JANUARY 20th  before 4 pm to the  ERT case coordinator  Eva Pietrzyk at:    Remember to put in the email subject heading something to the effect: Request Presenter (or Participant) Status Case Number 13-140 Cham Shan Temple vs. MOE. THERE MAY BE AN OFFICIAL FORM YOU WILL HAVE TO ASK FOR AS WELL. 

 “To participate in the Hearing, a person who wishes to be named as either a Party, Participant or Presenter must file with the Tribunal… a statement of the issues and material facts relevant to the subject matter of the appeal that the person intends to present at the main Hearing;  whether the person’s participation is likely to make a relevant contribution to the Tribunal’s determination of whether engaging in the renewable energy project… will cause serious harm to human health.. or the natural environment…”

 Manvers Wind Concerns, Cransley Home Farm Limited, and Cham Shan have filed for Party status and are appellants in this appeal.

The public can help these appellants.. by seeking Participant or Presenter status at the Hearing.   One does not have to live in the project area nor does one have had to have registered comments on the EBR about the Sumac Ridge project in order to seek to speak at the Hearing. 

We are lining up people at present but DO NOT HESITATE TO GET ON BOARD.


When seeking Participant or Presenter Status one’s application shall state:

  (a)   a description of how engaging in the renewable energy project in accordance with the renewable energy approval will cause,

(i)    serious harm to human health, or

(ii)   serious and irreversible harm to plant life, animal life or the natural environment;

(b)   the portion of the renewable energy approval in respect of which the hearing is required; and

(c)   the relief sought.

 The Environmental Review Tribunal, under the Environmental Protection Act  regarding protection of  “the social, economic and cultural conditions that influence the life of humans or a community has adopted the World Health Organization definition:

 “Health is a state of complete physical, mental and social well-being and not merely the absence of disease or infirmity” a definition that was applied in two previous ERT cases  Erickson v. Ontario (Director, Ministry of the Environment) and  Monture v. Ontario (Ministry of the Environment).


Based on this accepted definition..  

 Who might wish to seek Presenter status?

 Anyone who has been designated as a noise ‘receptor’ .

Anyone whose property has been designated as a ‘flicker’ receptor.

Some YouTube flicker videos… there are many to be found… .

 Anyone who uses Hwy 7A and will be subject to the flicker effect which will prove a serious traffic hazard.

Anyone who has children who attend Rolling Hills or Grandview Public Schools.

Anyone who lives in the vicinity adjacent to the project area… the project will be visible for many miles away.  

“The health impact of visual burdens cannot be underestimated. An epidemiology study conducted by World Health Organization determined a “bad view out of window” increased the risk for depression by 40%. World Health Organization, Large analysis and review of European housing and health status (LARES) Preliminary overview, 2007

 Anyone who believes the value of their property is tied to the landscape.

Anyone who has enjoyed and does enjoy Fleetwood Conservation Area.

Anyone who values the Oak Ridges Moraine.

Anyone who feels their property will be devalued by the industrial project thus affecting their social well-being.

Anyone who believes an industrial power plant will negatively affect their mental well-being.

Anyone who believes the project will negatively affect their physical well-being. It has been agreed that the turbines will cause annoyance and lack of sleep.. a handy reference to the medical cost:

 Anyone whose livelihood will be negatively affected by the installation of this power plant.

Anyone – including artists and photographers – who oppose the visual alteration of the Moraine by these humongous industrial structures.

Anyone who uses the road allowances Gray Road and Wild Turkey Road for recreational purposes.

Anyone who has had who has had to have a vehicle towed out of Wild Turkey or Gray Road.

Anyone who has experienced water issues in the project area and surrounding environs – problems with their well water.

Anyone who uses the project area for hunting and trapping.

 Anyone familiar with the wildlife in the area.. .. wpd Canada was supposed to check in with local residents since wind developers are to follow the MNR Technical Guide:

According to the MNR Significant Wildlife Habitat Technical Guide …

“Landowners with potentially significant wildlife habitats on their property might be able to provide more information. Hunters, anglers, trappers, members of cottage associations, fish and game, and naturalist clubs, as well as people working in the outdoor recreation sector (outfitters and resort operators) are often aware of seasonal wildlife concentrations.”

 Anyone concerned about  the possible threat of fire – 125 acres burned at a rapid pace in the project area in 2007.

Anyone who is a supporter of the Cham Shan project.

First Nations  people who were not consulted with – the project area is rich in ancient Aboriginal culture and history including an ancient village.


Who might wish to seek Participant status – and can provide particular evidence/proof?

 The City of Kawartha Lakes since the health and economic prosperity of its citizens have been put in jeopardy – COKL has had dealings with the developer.

Cavan Monaghan Council since the Sumac Ridge project will affect this township’s economic prosperity and social well-being – a special amendment to the Official Plan was adopted to allow for the Buddhist Cham Shan project.

Anyone who has contracts or anticipates contracts to work on the Cham Shan project  and can document potential economic losses.

Any business or enterprise that is of the opinion that their financial security is being put in jeopardy  backed by evidence– local real estate agents for one.

Anyone who has a medical condition or family member with a medical condition who can provide medical evidence that the Sumac Ridge project will exacerbate or otherwise adversely affect the medical condition.

Any person who had a real estate deal withdrawn or fall through because of the industrial wind project proposal.

Anyone who  was forced to sell their property for a lower price because of this industrial project or the nearby wind projects and can provide proof of this.

 Any agency or person(s) that has a specific interest and documents relating to the Oak Ridges Moraine.

Any agency or person(s) that has a specific interest and documents relating to Fleetwood Creek Conservation Area and/or The Fleetwood Kames.

Anyone who has evidence of species at risk found in the Sumac Ridge project area.

Anyone has conducted surveys or has intimate natural heritage knowledge of the Sumac Ridge area.

Anyone who has  in-depth knowledge of the ancient aboriginal archaeological history of the area.

First Nations residents who can indicate that consultations with wpd Canada were not complete or sufficient.


Some sample Presenter/Participant requests…


I am seeking Presenter status regarding the case ERT 13-140 CHAM SHAN TEMPLE V. MOE. As a resident of the area, the Sumac Ridge project  will cause negative impacts to the health of my family as determined by the World Health Organization and adopted by the Environmental Review Tribunal “Health is a state of complete physical, mental and social well-being and not merely the absence of disease or infirmity”. It is requested therefore, that the Tribunal overturn the approval of the Sumac Ridge project.

Yours truly,



I (we) am/are seeking Participant  status regarding the case ERT 13-140 CHAM SHAN TEMPLE V. MOE on my behalf or (area organization) on the grounds that construction of the Sumac Ridge project will cause serious and irreversible harm to the natural environment confirmed by my/our independent studies/research. It is requested therefore, that the Tribunal overturn the approval of the Sumac Ridge project or disallow  and/or restrict certain components of the project.

Yours truly,


 IMPORTANT NOTE: One must include full personal contact info with a request for Presenter or Participant status – name, complete mailing address, phone number and email address.



C)  PROTEST. One hour prior to the Preliminary Hearing on Friday, January 24th, at 9 a.m. in the parking lot of the Howard Johnson motel please show up in numbers with your signs and in full voice. For anyone interested you can then leave your signs outside at 10 a.m. and attend the proceedings. It is important in the court of public opinion that we show up in huge numbers to protest this assault on our area and rural Ontario. We know this appears to have been a pointless exercise thus far, but we are pleading with you to keep going. If we stop now , we have given up…………….. and they will know it.



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One Response to Next Steps after MOE Dec 2013 Approval of Sumac Ridge

  1. There is no other way to describe this whole fiasco………a “corrupt Government” supporting a “corrupt Industry” backed up by a “corrupted agency” of the Government. Rural Ontario has been literally RUINED by this foul gathering of corrupt Politicos and their time in this Province’s affairs is well overdue! Bring on an election and end this nightmare!!!!

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