Not in my Backyard Jane Pepino

Not in My Backyard – The Jane Pepino Story

Ron Stephens

February 25, 2009

I met Ms. Pepino during the 2007 OMB hearing in Kincardine Ontario, where she represented Enbridge in their quest to install a large 110 turbine wind farm in the Municipality of Kincardine, Ontario.

Ms. Pepino proved to be a formidable force for the people trying to defend their property and enjoyment thereof.

After a lengthy seven week hearing the OMB ruled in favour of Enbridge who subsequently erected the wind turbines.

Feb. 7th, 2009 Ms. Pepino gave a presentation concerning the proposed Honeywood wind farm in the township of Mulmur. Ms. Pepino owns property near the proposed wind farm.

During the presentation, Ms. Pepino brought forward, many of the same concerns brought forward by the citizens of the Municipality of Kincardine where she represented Enbridge in 2007.

Did Ms. Pepino learn the truth about the Wind Industry and the inadequacies of the MOE guidelines during the seven week OMB hearing?

Or, is Ms. Pepino just another NIMBY trying to do the same thing as the citizens of Kincardine – protect her property and enjoyment thereof.

The Toronto Hamptons

It’s the city’s best-kept secret: Everyone from Andy Barrie to Jane Pepino has a place in Creemore

“Ms. Pepino, who leads the hectic urban life of a prominent lawyer during the week, has been spending weekends at “the farm” since 1990.

She was drawn to her place near the hamlet of Honeywood not just because of the peace and quiet, but for its proximity to the city and because she and her family can use it year-round.”

“I wanted peace and quiet”

Peace and quiet is what rural Ontario is about for most that have chosen to live there.

Is Ms. Pepino more deserving of peace and quiet than other residents of rural Ontario are?

Excerpt from CORE (Conserve our Rural Environment)Newsletter November 9th 2009
CORE is raising outstanding concerns directly with the proponent, and will be requesting an elevation if these are not satisfactorily addressed. However, it is imperative that individuals do the same: Eolectric must understand its proposal has impact on this community, and the Township of Mulmur must understand the details of those concerns in preparing its response as well. A copy of the Notice of Completion, with all necessary information is attached.

Please provide copies of all correspondence to:


c/o N. Jane Pepino

Aird & Berlis LLP

1800 – 181 Bay Street, Box 754

Toronto, ON M5H 2T9


All requests for elevation by others to date – Denied

Ms. Pepino is a powerful lawyer with powerful friends. Can Ms. Pepino and Core be the first to have their elevation request accepted?

If the request is granted what does it really say about due process in Ontario?

Excerpt from Minutes of PLANNING ADVISORY COMMITTEE – TOWNSHIP OF MULMUR- September 10, 2008

Jane Pepino (JP). CORE. Bob Duncanson (BD). CORE. Stephen Headford (SH) JP feels that Mulmur Township is the wrong place for this project.

Is Mulmur Township the wrong place for this project? – 5 wind turbines compared to the 110 installed in Kincardine Township- Does the “Toronto Hamptons” and the people who live there feel they and their concerns are more important compared to the rest of the citizens of Ontario.

What are some of the concerns of Jane Pepino and Core?

Excerpt from CORE Presentation Feb 7th, 2009



Property devaluation

Shadow Flicker Study incomplete, uses distant
data source, not local

Visual Impact Analysis – not prepared in
accordance with Township Guidelines; being

peer reviewed

Insufficient setbacks for safety – ice throw,

blade throw, structure topple

Offers to lease unfair to property owners
If “non participating”- i.e., no turbine, payment estimated
to be $40 per hectare–about $800/ year for 50 acres.
Can be cancelled anytime by Geilectric– right after zoning,

Places a “gag” on owner, yet notice registered on title,

effecting marketability
Binds owner to sign a lease that is not attached-

Who pays taxes? Insurance? Decommissioning?

What if Geilectric goes bankrupt? Sells to another wind company?

Has the potential to bind land beyond 20 years– review of

compensation levels? Planning Act approvals?

Effectively restricts ability to get, or use, severances

These are the same concerns brought forward at the Enbridge/Kincardine OMB hearing in 2007 and every other wind farm proposal in Ontario

Does Ms. Pepino believe her concerns are substantially different from anyone else’s? Does she believe that she has a greater right to retain the enjoyment and valuation of her property over that of others? Alternatively, does she know something the rest of us do not?

If everyone else fighting for his or her rights can be referred to as NIMBY’S doesn’t that make Ms. Pepino one of us?

If so, let me be the first to welcome Ms. Pepino to the growing community of NIMBY’s. (Not in back yard)

I suggest all wind farm applications be put on hold until the Honeywood wind farm has been dealt with.

Ron Stephens

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11 Responses to “Not in my Backyard Jane Pepino”

  1. Quixote Says:

    Sweet Retribution!
    This woman needs maybe 20 of them, not just one. Maybe she can throw her hat in with us and help us out with our struggle……….this is perfect!……….OR maybe she can ask us to fight for her?……now if only we can locate McGuinty’s and Smitherman’s homes and dump some of these monsters on them! Isn’t it odd how greed has a way of turning it’s ugly head on one of their own when it runs out of honest people to screw!

  2. J Reed Says:

    It strikes me as amusing that the loudest opponents of wind turbines are not even full time Mulmur residents. They come up here from Toronto or weekends and a few weeks in the summer as Ms Pepino does. I live full time in Mulmur close to the proposed wind turbines and have no problem with them.. I would welcome them on my property..

    This is nothing but a NIMBY reaction, The Mulmur Highlands along with the Melactathon area are some of the best areas in the province for wind generation with easy grid access. For those opposed to renewable clean energy, What are the alternatives ? More Nuclear, Coal ?

    The Irony is most “Weekenders” waste a huge amount of natural resources keeping 2 homes heated year round. Built very large weekend homes, ( I fail to see why a couple without kids needs a 7500sq/ft houe to “get away” to) Driving back and forth in their big gas guzzling SUVs.

    One near me is only occupied 3-4 weeks a year, But it is kept heated, Lights On, Pool heated all season yet no one is almost ever there..

    We love this Area, It is a mostly undiscovered jewel in southern ontario. But we have to think of the greater good, reducing reliance of fossil fuels, and long term sustainability.

    Bring on the Turbines !

  3. Lynne Says:

    It is hard to derive satisfaction from the fact that more families will have their lives ruined. I would invite Ms. Pepino to use her considerable talents to join with other citizens in this fight against the desecration of Ontario.

  4. Patti Hutton Says:

    I totally agree. Impose a 10 Year moratorium on any further developments. Obviously Ms Pepino has returned to our Kincardine area to see what 110 massive Windturbines look like on our once tranquil countyside. Heath and Safety Issues caused by this are still outstanding and not being addressed by our local or provincial governments. It is a mess.

  5. V Starkey Says:

    Perhaps Ms. Pepino should take her own advice. At the Municipality of Kincardine OMB hearing, she advised us “nimby’s” to invest in double glazed windows, blackout curtains, and to plant trees in front of our windows! The research information that the WAG group supplied to her, as Enbridge lawyer, must be coming in handy now! With this ‘Green Energy Act’, municipalities won’t be able to oppose any green projects, Mulmur may end up with 110 turbines just like us. For those in favour of wind developments going up where they live, you might be wise to spend some time in one first!

  6. Patti Hutton Says:

    I am a resident of the municipality of Kincardine and member of the Wind Action Group. This is unbelievable and ironic.

  7. Lynne Says:

    You sound just like so many people in the Kincardine/Ripley area before the turbines went up. Ask them what they think of them now.

  8. sosren Says:

    J Reed
    Are you totally mad?……..are you dysfunctional?………..are you educated?………open your eyes for a few minutes and maybe just spend 10 minutes listening to Barabar Ashbees story and after that if you have the same opinion about these things then I can say with surety that you are actually very hateful!

  9. essexcountywind Says:

    J Reed sounds just like most of the people of Essex County. Sweet Bliss. Totally unaware of the train wreck about to happen.

  10. big foot Says:

    The only sound leaseholders hear is the sound of money in their pockets laughed
    Jane Pepino and the OMB chair Atkinson .
    This happened during the 7 week Ontario municipal board hearing in Kincardine where residents sat in fear with unanswered questions and worries.

  11. Peter Turrell Says:

    Jane Pepino is doing another not in my back yard. She is part of Core who are about to fight the monster quarry in Melancthon while destroying the community of Grand Valley defending Orica Canada with an Ammonium Nitrate Storage facility next to the most significant wetland in southern Ontario (Luther Marsh). The good news is the toxic water from the quarry will have the Ammonium Nitrate from the facility she is defending.Please come and help Grand Valley on November 3/09 for our OMB hearing.
    Hail Queen Nimby

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