THUNDER BAY — A Superior Court ruling requires the Ontario government to answer questions and produce documents requested by Horizon Wind Inc. in connection with its lawsuit against the province.
The company sued the Ministry of the Environment for $50 million four years ago, after its proposed Big Thunder Wind Park in the Nor'Wester Mountains failed to receive final approval.
Horizon accused the government of negligent misrepresentation and misfeasance of public duty.
The suit alleged the company was told repeatedly in 2012 and 2013 that it had met all necessary requirements, but that the project ultimately foundered after the MOE postponed final approval in 2014, just before the expiry of a critical deadline set by the Ontario Power Authority.
Horizon's deal to sell electricity to the OPA lapsed as a result.
The company claimed the MOE's decision was affected by political interference from the premier's office and two cabinet ministers days before the election, aimed at assisting Liberal candidate Bill Mauro's re-election campaign in Thunder Bay-Atikokan.
Horizon alleged approval was delayed at the last minute on the pretense that its consultation with Fort William First Nation was not complete, and that the project needed more technical and wildlife studies.
It said Municipal Affairs Minister Mauro–in whose riding the project was located–Environment Minister Jim Bradley, and Premier Kathleen Wynne had all indicated no decision should be made on the project until the First Nation's concerns were resolved.
In its Statement of Defence, the government denied the allegation of political interference.
During examinations for discovery–a pre-trial procedure–last year, Horizon's lawyer attempted to ask questions about communications between Mauro, Bradley and their staff, Wynne and her staff, and their communication with the MOE prior to the termination of the project.
They also asked for related government documents.
The province's lawyer argued the government had already produced all relevant material within its possession or control, and that any order to search for additional documents would be "an unwarranted fishing expedition."
Superior Court Case Management Master Donald Short, who heard the arguments, decided that "the present situation can be clearly distinguished from a fishing expedition."
"After the fact, approvals that had been 'promised' were, somewhat inexplicably, denied. In my view it is reasonable to expect that some documentation of the nature sought by the plaintiffs ought to exist," Short said.
He also rejected the Crown's submission that statements made by candidates for election are not relevant to the issue at hand.
"The Plaintiffs asked [the Director of the MOE] questions about statements allegedly made during the 2014 election campaign by candidates for election (Mauro and Bradley) and requested production of documents relating to those statements. These requests were refused on the basis that the Crown has no authority to ask an MPP what he said when he was running for election or to obtain documents from a third party, specifically the Liberal Party of Ontario," Short noted in a decision released last week.
"The Plaintiff is entitled to a more fulsome production in this area," he said.
A member of Horizon's legal team, Peter Jervis, told Tbnewswatch the government must now produce the requested documents and answer questions in followup examinations for discovery.
In an email, Jervis said his client "will list the case for trial and we are requesting an expedited trial date. All of these officials and former ministers will be called as witnesses to account for their conduct."
Horizon has said its investment in the failed project totalled $10 million between 2005 and 2014.
None of the allegations contained in the lawsuit have been proven in court.
