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Ontario far offshore wind company Trillium Power files Amended Statement of Claim for $500 Million after Appeal Court win

Friday, December 13th 2013 11:25:46am

Claim states Ontario Government avoided discussion with International Consortium to create 15,000 jobs

(Toronto, Ontario December 13, 2013) Trillium Power Wind Corporation yesterday filed a "Fresh as Amended Statement of Claim" as ordered by the Court of Appeal. Ontario Superior Court of Justice filing responds to an Ontario Court of Appeal ruling last month that allowed Trillium Power its day in court to seek damages arising from their claims of “misfeasance in public office” by the Ontario Ministries (Natural Resources, Energy and Environment) named in the action.

The amended Statement of Claim shows a resolution in size of a claim for $500 million in response to the November 13th, 2013 ruling.

This action stems from a decision made by the Ontario government to cancel Trillium Power’s TPW1 project on February 11, 2011 only hours before Trillium Power was to secure a $26 Million funding tranche. Consistently, since the hasty and unexpected cancellation of Trillium Power’s far-offshore wind project (the news was delivered to Trillium Power via a government’s press release), Trillium has maintained their position of advancing the project and employing Ontarians instead of going to the courts.

Trillium Power is a Toronto-based company supported by small individual Ontario investors and this far-offshore wind project has the potential to drive local economic development and provide good jobs (between 55,000 and 62,000 person-years of construction employment) in Ontario (with significant concentration in the Kingston-Quinte area), while producing clean, renewable and reliable power.

At cancellation time, Trillium Power was well advanced in developing several far-offshore wind projects located (between 10 and 120 km. from the mainland) in various Great Lakes location. The project known as the TPW1 far-offshore wind site in eastern Lake Ontario (see map) was a priority project. As the map shows TPWI, located near the Ontario-USA border, will be functionally invisible to the closest landfall distances of 17 km, 20 km and 29 km.

Far-offshore wind production is very different than land-based wind generation. The dynamics of wind and differential heating over water means a more consistent, steady and predictable wind supply, including during periods of high demand in the summer. This crucial difference in wind regimes is not always understood however it has already been proven at freshwater locations in Europe for over 20 years.

“I had hoped after the positive 2013 legal Court decision to see a sign of cooperation from the Province. This would have allowed speedier construction rather than into a lengthy legal process and risk a $500 Million payment on the citizens of Ontario,” said John Kourtoff, President & CEO, Trillium Power Wind Corporation. The TPW1 project is compatible with the new Long-Term Energy Plan, not visible from shore and will produce clean power. Trillium Power remains open to working with the Premier and her team as we are dedicated to providing good jobs for Ontarians and producing clean power.”

“I like to remain optimistic that we will moving forward, but after countless attempts to reach out to the government of Ontario it is becoming increasingly difficult,” stated Kourtoff,  “I remain open to discussing this issue with the correct officials to find a mutually beneficial solution--one that creates jobs for Ontarians and drive economic development, instead of costing tax payers money.”


For interviews or to secure a copy of the Amended Statement of Claim please contact: Michael Zupanic, mzupanic@ecostrategy.ca, 416-972-7404.


Trillium Power was notified of an immediate moratorium via the Province’s media release.The Ontario government media release announcing its intention was distributed on the afternoon of Friday, February 11, 2011. This occurred mere hours before Trillium Power was to complete financing arrangements for its TPW1 far offshore wind project located 28 km from shore in Lake Ontario.

Courtesy notifications of the financial closing had been provided to the Government two (2) days before by Trillium Power. The Environmental Bill of Rights (EBR Registry# 011-0907) outlines the actual action taken by the Province--being the cancellation and confiscation of all existing offshore wind applications including those with Applicant of Record (AoR).

The Great Lakes offshore wind production potential is immense and remains Ontario’s largest near-term reliable renewable energy asset. Very conservative estimates see it as a $250 billion industry over a 10-year period. Subsequent to the Ontario announcement, the US Federal government has accelerated their support for offshore wind, including in The Great Lakes. Trillium Power has been steadfast against any near-shore developments.

When the North American agent of a multi-billion dollar, Asian-European consortium requested in August 2011 (prior to the election) a meeting with Premier McGuinty to discuss the creation of a full supply-chain in Ontario, export from Ontario and create 15,000 jobs (with no monies from the taxpayer) due to their interest in the offshore and onshore wind section, and Trillium Power’s projects specifically, they were ignored.

The Conference Board of Canada report of December 8, 2010 Economic and Employment of Ontario’s Future Offshore Wind Power Industry confirmed that the development of less than 6% of Ontario’s shallow water offshore wind potential in The Great Lakes would generate at least “$1.03 Billion in personal and indirect taxes not including corporate taxes”, “between 55,000 and 62,000 person-years of construction employment”, “generate 6,700 direct permanent supply chain jobs” and “boost real GDP by a cumulative $4.8 to $5.6 Billion.”

Trillium Power’s proposed ‘TPW1’ far-offshore Wind site is located in the centre of eastern Lake Ontario, far from landfall (distances of 17 km, 20 km and 29 km), adjacent to the international border. The TPW1 site is recognized as the most optimal Offshore Wind location in The Great Lakes. The development of TPW1 would jump-start the creation of several thousand Ontario-based sustainable manufacturing jobs, over $1.6 Billion in private sector investment in Ontario and generate between 420 MW and 600 MW of clean, reliable, non-risky and stable-priced electricity for the benefit of all Ontarians.