Windstream wins damages for cancelled project

CANADA: Windstream Energy has been awarded C$28 million (US$21 million) in damages and costs after Ontario's offshore wind moratorium put its plans for a 300MW Lake Ontario project in what an arbitration panel described as "legal and contractual limbo".

Lake Ontario, with the province's capital, Toronto, in the background (pic: SYSS Mouse)
Lake Ontario, with the province's capital, Toronto, in the background (pic: SYSS Mouse)

Windstream, owned by US investors, filed a C$475 million claim under the North American Free Trade Agreement (Nafta), arguing it was treated unfairly. An arbitration panel agreed, and awarded Windstream C$25.2 million in damages and C$2.9 million legal costs.

Although it is only about 6% of what the company asked for, Windstream said it is the largest ever Nafta award against Canada.

The tribunal also declared that the project's C$5.2 billion feed-in tariff contract remains in force, Windstream said.

"This award is an appropriate first step at remedying the challenges we have faced," said Mainstream director David Mars. "We look forward to working with the government of Ontario to build this project in accordance with the contract."

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