Windstream ramps up cash case
Developer goes to court to force government to pay C$28m damages
Offshore developer Windstream Energy is going to court to force the Ontario government to pay C$28m it owes the company.
The developer was awarded damages by NAFTA arbitrators in connection with its 300MW Wolfe Island Shoals offshore wind farm in Lake Ontario.
Payment was due by the end of October 2016.
The Ontario government has said it accepts the tribunal’s decision, however, payment has yet to be made.
The developer has filed an enforcement application in Ontario Superior Court.
Windstream director David Mars said: “The NAFTA tribunal was clear: Windstream was treated unfairly and inequitably and our feed-in-tariff contract is still in force.
“As interest continues to accrue, we hope that Canada abides and complies with the NAFTA award without further delay,” he said.
The Wolfe Island Shoals project was frustrated by Ontario’s introduction in 2011 of a moratorium for offshore wind farms in the Great Lakes.
Windstream, which is owned by a New York City-based investment group, had signed a C$5.2bn contract for the project with the Ontario Power Authority.