Digby windfarm landowners face liens

Digby Wind Farm Landowners Face Liens
> By Gillian Cormier
> AllNovaScotia.com
> 13 November 2009
>
> One of SkyPower's creditors is looking to put liens on properties owned
> by people who planned to lease land for a wind farm in Digby.
>
> The Terrain Group Inc, based in Dartmouth, filed a statement of claim
> this week against SkyPower and 17 landowners, representing 14 plots of
> land in Gulliver's Cove, Digby county.
>
> The Terrain Group claims it is owed $42,950 for professional surveying
> services on the lands.
>
> However, with a third party sale of SkyPower's assets looming, the
> problem may soon be resolved.
>
> SkyPower, a 50-50 partner with Scotian Windfields in the 30 megawatt
> Digby Neck wind project, filed for creditor protection earlier this year
> following the bankruptcy of Lehman Brothers, its principal shareholder.
>
> Barry Zwicker, ceo of community-funded organization partner Scotian
> Windfields, says his understanding is the matter will be cleared up by
> the end of this week.
>
> "A number of individuals and companies that have been working on this
> project have not been paid for all of the work they have completed",
> said Zwicker.
>
> Zwicker says the tentative closing date for the sale of SkyPower's
> assets is November 30. The identity of the third-party buyer has not
> been made public.
>
> The Toronto outfit says it has already raised US $15 million as part of
> a creditor protection filing that will enable it to ensure there is a
> quick and efficient sales process.
>
> Zwicker says because SkyPower is under creditor protection, liens are
> the only mechanism available. He says Terrain Group will not perfect
> the lien and is not sure if lien is possible under CCAA protection.
>
> He also says the liens are not a hardship to the property owners until
> they go to sell their properties.
>
> "Before that ever happens, the project will be underway, the lien
> removed, companies will be paid", he said.
>
> He spoke to many of the property owners and says they understand the
> situation.
>
> The defendants have not yet filed a defence. Statements have not been
> proved in court.
>
> The Digby Neck partners have one of the half-dozen long-term supply
> contracts that were signed by NS Power with independent power producers
> in 2008, for delivery in late 2009.
>
> Kevin Downie is solicitor for Terrain Group Inc. Stephen Wallace is
> listed as principal of the company.
>