OT: wind ruling sides with crtc

William Muriithi william.muriithi-Re5JQEeQqe8AvxtiuMwx3w at public.gmane.org
Sat Feb 5 15:20:46 UTC 2011


On 4 February 2011 19:34, Dave Germiquet <davegermiquet-Re5JQEeQqe8AvxtiuMwx3w at public.gmane.org> wrote:
> Hello,
>
> Do you guys think wind will be sold or decommissioned with the newest
> ruling?
>
> http://www.cbc.ca/money/story/2011/02/04/crtc-globalive-harper.html?ref=rss

Hmm, as Lennart had said, it look like these pains has to do with
horrible laws, or at least, laws that have been superseded by time.
Now, the question is, which is the path of least resistance for the
government.

I am not being objective here as I am a wind customer. I am more
inclined to think there is very little chance of them forcing wind out
of business for several reasons:-

Wind is already in business and forcing it out of business would be
very transparent to even people who never follows news closely. That
would be politically sensitive as it would force them back to the
unpopular carriers and people in turn would take their disapproval to
the ballot box.  That was not the case when Wind was not operating
yet.

Second, you can not "sell" under duress.  That essentially will not
meet the definition of selling as far as contract is concerned. So, if
the government opt to force them off the market, they will have to
reimburse Wind somehow.    The price will be determined by Wind alone
as anything else will only result to Wind suing the government  for
not respecting private properties.  It would be akin to the same
complains we hard about Russia not respecting investors when they took
over some oil company. Personally, I thought that was the right thing
since that oil company was acquired illegally, but that is a
discussion for another day.

With that in mind, I do not see Canadian government trying to close
down Wind.  The road of least resistance is to seat down in parliament
and pass a couple of amendments that will allow Wind to stay. I really
cannot see how closing down Wind would not be politically explosive,
unless I have been living in a cave.  Anyway, as I said, I am not that
objective here considering I have an interest on one side already

Regards,

William
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