ERIC K. GILLESPIE PROFESSIONAL CORPORATION Barristers & Solicitors

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1 ERIC K. GILLESPIE PROFESSIONAL CORPORATION Barristers & Solicitors Suite King Street East Toronto, Ontario M5C 1C3 December 20, 2010 ERIC K. GILLESPIE, LL.B. Telephone No.: (416) Direct Line: (416) Facsimile No.: (416) Delivered by Dina Ostella, Case Manager Environmental Review Tribunal 655 Bay Street, Suite 1500 M5G 1E5 Telephone: (416) Fax: (416) Frederika Rotter and Andrea Huckins Ministry of the Attorney General Legal Services Branch, Environment 135 St. Clair Avenue West, 10 th Floor M4V 1P5 Albert M. Engel Fogler, Rubinoff LLP 95 Wellington Street West, Suite 1200 M5J 2Z9 To Whom It May Concern, Re: Appellants List of Witnesses and Erickson v. Director, Ministry of the Environment, Case No and Chatham- Kent Wind Action Inc. v. Director, Ministry of the Environment, Case No Robert Y. McMurtry, M.D., F.R.C.S.(C), F.A.C.S. Dr. McMurtry is a graduate of the University of Toronto in Medicine, a Fellow of the Royal College of Surgeons of Canada, and a Fellow of the American College of Surgeons. Dr. McMurtry is presently a Professor (Emeritus) of Surgery at the University of Western Ontario, and Orthopedic Consultant at St. Joseph s Health Care. His work involves an active medical

2 practice, as well as teaching and research. Dr. McMurtry served as the former Dean of Medicine at the University of Western Ontario. He was the Cameron Visiting Chair at Health Canada (providing policy advice to the Deputy Minister and Minister of Health for Canada), and served as the Assistant Deputy Minister of the Population and Public Health Branch of Health Canada. Dr. McMurtry was a Special Advisor to the Romanow Commission and a Special Advisor to the Deputy Minister of Nunavut. He was appointed to the Health Council of Canada, and the Medical Research Council of Canada. Dr. McMurtry chaired the National Working Group on the Canadian Index of Well-Being, and is a current Board Member of the Institute of Well-Being. Dr. McMurtry will provide information regarding adverse health effects related to residential exposure to industrial wind turbines (IWTs). He will provide information about characteristics of IWTs as they relate to human health, including noise, visual impact, shadow flicker, and safety hazards. Dr. McMurtry will provide information on the current gaps in scientific knowledge about the risk to human health from IWTs. Dr. McMurtry will provide information on portions of the Renewable Energy Approval decision that will impact on human health, including setback requirements, documentation considered for the issuance of this approval, noise emission limits, and operational practices for the wind turbine generators. Michael A. Nissenbaum, M.D./Jeffery J. Aramini, Ph.D., M.Sc. Dr. Nissenbaum is a specialist in diagnostic imaging, and is currently a radiologist at the Northern Maine Medical Center in Fort Kent, Maine. He is a graduate from the University of Toronto Medical School with post-graduate training at McGill University (residency) and the University of California (Fellowship). Dr. Nissenbaum is certified by the Royal College of Physicians of Canada, and American Board of Radiology. He is the former Associate Director of Magnetic Resonance Imaging at Beth Israel Hospital (a Harvard Medical School teaching hospital) and a former Junior Faculty at Harvard University. Dr. Aramini is a health epidemiologist with expertise in the investigation of health concerns using epidemiological principles. He received his Ph.D. from the University of Guelph, and his M.Sc. from the University of Saskatchewan. Dr. Aramini has held senior epidemiologist positions at Health Canada and the Public Health Agency of Canada. Dr. Aramini has published numerous peer reviewed journal articles and has led multi-disciplinary research projects investigating the epidemiology of infectious diseases. He has held an adjunct faculty position in the Department of Population Medicine, University of Guelph, and is a member of the Centre for Studies in Primary Care at Queen s University. Currently Dr. Aramini is President and CEO of an organization that addresses public health, patient care, public safety and information management for clients in government, industry and academia. 2

3 Dr. Nissenbaum/Dr. Aramini will present the results of an epidemiological study on adverse health effects related to IWTs that is currently being prepared for publication. This study evaluated the relationship between distance of residential homes to IWTs and health outcomes including sleep, mental health, physical health, attitudes, and quality of life. The study evaluated participants living meters to the nearest IWT compared with participants living meters to the nearest IWT. A Peer Reviewer will evaluate the study results that will be presented by Dr. Nissenbaum/Dr. Aramini and provide the outcome of the peer review. Carl V. Phillips, Ph.D., M.P.P. Dr. Phillips is an expert in epidemiology and related health sciences, as well as scientific epistemology and methodology. He earned his Masters and his Ph.D. in Public Policy from Harvard University, a postdoctoral fellowship in health policy research at the University of Michigan, and a postdoctoral fellowship in philosophy of science at the University of Minnesota. Dr. Phillips was a professor of public health at the schools of public health at the University of Minnesota, University of Texas, University of Alberta, and at the evidence based medicine program at the University of Texas medical school, University of Alberta medical school, and Harvard s Kennedy School of Government. His teaching focused on how to make optimal public policy decisions based on scientific evidence and how to properly analyze epidemiologic data. Dr. Phillips currently directs an independent academic-style research institute which is a continuation of his university research lab and a consultancy. Dr. Phillips will provide an evaluation of the available scientific evidence on exposure to IWTs and adverse health effects. He will provide expert opinion on whether there will more likely than not be serious harm to human health as a result of the Renewable Energy Approval issued for Kent Breeze Wind Farms. Christopher D. Hanning, BSc, MB, BS, MRCS, LRCP, FRCA, MD Dr. Hanning is a physician specializing in sleep medicine. He is an Honorary Consultant in Sleep Disorders Medicine to the University Hospitals of Leicester NHS Trust, having retired in 2007 as Consultant in Sleep Disorders Medicine. Dr. Hanning obtained a BSc in Physiology, then qualified in medicine MB, BS, MRCS, LRCP from St. Bartholomew s Hospital Medical School. He is a Fellow of the Royal College of Anaesthetists and was awarded a doctorate from the University of Leicester. Dr. Hanning founded and ran the Leicester Sleep Disorders Service. He was President of the British Sleep Society, and chairs the Advisory panel of the SOMNIA study, a major project investigating sleep quality in the elderly. Dr. Hanning has written and lectured extensively on sleep and its disorders and continues to be involved in teaching and 3

4 research. Dr. Hanning will provide scientific information about sleep as a necessity for human health, and sleep disturbance as an adverse health effect. He will provide information about the effect of residential exposure to IWT noise on sleep disturbance and health. Dr. Hanning will provide expert opinion on the exposure and risk to health for residents living near the Kent Breeze Wind Farms. Arline L. Bronzaft, Ph.D., M.A., B.A. Dr. Bronzaft is a Professor Emerita of the City University of New York. She received her Ph.D. from Columbia University. Dr. Bronzaft has conducted landmark research on the impacts of transit noise on children s learning and has researched the effects of airport-related noise on the mental and physical health of nearby residents. She has contributed chapters on noise to eight environmental books, written articles on noise for scientific journals, and has written on noise in the popular press. She has been interviewed on noise in the media in the United States, Canada, Australia, and the U.K. Dr. Bronzaft has been a consultant to the New York City Transit Authority on noise and serves on GrowNYC, chairing its noise committee. She is presently serving on a committee of the National Academy of Sciences which is overseeing U.S. federallyfunded research on the impacts of airport noise on classroom learning. Dr. Bronzaft assisted in the revision of New York City s noise code and Region 2 of the U.S. Environmental Protection Agency awarded her a Certificate of Appreciation for her achievements in the protection of the environment. Dr. Bronzaft will provide scientific information on the link between exposure to noise and adverse effects to mental and physical health and well-being. Richard R. James, INCE Mr. James is a Full Member of the Institute of Noise Control Engineers (INCE) and has a degree in Mechanical Engineering. He is the Principal Consultant for E-Coustic Solutions, and has extensive experience participating in and supervising engineering projects related to control of occupational and community noise. Mr. James is an Adjunct Instructor to Michigan State University s Department of Communicative Sciences and Disorders. He was a member of the American National Standards Institute s S12 Committee, which oversees acoustical test methods used to standardize the measurement of sound and assessment of Land-Use Compatibility. Mr. James participated in the formal review process for the current draft revision to the ASA/ANSI IEC standard for measuring wind turbine sound power levels. He is involved in developing siting criteria for county and township governments, and conducting acoustical tests of operating 4

5 wind turbines and pre-construction background sound studies. Mr. James will provide an evaluation of the Noise Assessment Report relied on by the Ministry of the Environment in its decision to issue the Renewable Energy Approval for Kent-Breeze Wind Farms. He will provide an evaluation of the noise regulations included as terms and conditions for the Renewable Energy Approval. Mr. James will provide information about industrial wind turbine noise as a unique source of environmental noise exposure for humans. He will also provide information about noise measured at current industrial wind farm projects. 5

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