The wind-power company that won a $28-million award over the Ontario government’s decision to kill its Lake Ontario wind farm is going to court to collect, it said Tuesday.
Windstream Energy hasn’t been paid the damages an international tribunal awarded it at the end of September, the company said.
The arbitration panel from The Hague gave Canada 30 days to fork over the compensation for Ontario’s sudden decision to stop wind farms in the Great Lakes in 2011, after urging companies to come and build them.
But the Permanent Court of Arbitration doesn’t have direct enforcement power for its decisions — it can’t order a bank to hand over money from a government account. For that, Windstream needs a Canadian court’s co-operation.
“From Windstream’s perspective, this investor-settlement dispute under NAFTA raises serious concerns if the Canadian government cannot fulfil its NAFTA treaty obligations to American companies,” said Windstream director David Mars in the statement announcing the decision to go to court.
“As interest continues to accrue, we hope that Canada abides and complies with the NAFTA award without further delay.”