Energy firm offers to drop OLG lawsuit
Last Updated: Wednesday, November 25, 2009 | 3:36 PM ET
CBC News
The firm that designed and built an energy plant to power a casino in Windsor says it will drop its lawsuit against the Ontario Lottery and Gaming Corporation (OLG) and now wants to buy the plant for $71 million.
The provincial regulator for gambling and lotteries commissioned Buttcon Energy Inc. in 2006 to build the Windsor Energy Centre.
The plant was to ensure a reliable supply of power to the Caesars Windsor casino, which has undergone a massive expansion over the last few years.
But the OLG and Buttcon — which was to eventually operate the plant — are now suing each other, citing issues with, respectively, the design and the ownership of the project.
Buttcon says it has offered to drop its $355-million lawsuit against the OLG, provided the corporation agrees to sell it the plant for $71 million, according to a statement released Wednesday by the energy firm.
"Buttcon Energy Inc. will reimburse OLG for all costs and expenses incurred by OLG and paid to Buttcon Limited in connection with the design and construction of the Windsor Energy Centre," Buttcon lawyer Michael Miller said in a statement.
"Buttcon's offer would get Ontario taxpayers off the hook for the costs of construction of the natural gas-fired power plant, which is currently owned by the OLG," the statement said. "If accepted, the offer would also end the costly litigation now underway between the company and the OLG."
Ontario Finance Minister and Windsor-Tecumseh MPP Dwight Duncan said he doesn't know what to make of Buttcon Energy's offer to buy the Windsor Energy Centre.
“I haven’t seen it yet, but oftentimes, these things happen when somebody’s worried about losing a lawsuit," Duncan said Wednesday.
Craig Clydesdale, the president of Buttcon Energy, says selling the plant to Buttcon – rather than fighting a lawsuit – will save the taxpayer money.
”If they win, the OLG is stuck with ownership of a power plant which they have no mandate for, which is stupid, and [if they] lose, they’re out a whack of money,” Clydesdale said.
Costs doubled
The centre was originally to cost $40 million. Instead, $81 million in public money has been spent, and the plant has yet to begin generating power.
Criticism of the provincial government's handling of the affair grew after a consultant's report obtained by CBC News earlier in November found the plant might be worth at best $21 million or at worst nothing if sold on the open market.
The preliminary financial analysis conducted by Cole Valuation Partners said the projected values are so low because the OLG miscalculated how much the centre would be able to sell its power for.
Buttcon Energy filed its lawsuit against the OLG, former OLG CEO Kelly McDougald and current OLG executive Larry Flynn on Aug. 31 alleging breach of contract, deceit and misrepresentation.
Buttcon, which designed and built the energy centre, says in its lawsuit that it had signed a contract to own and operate the centre for 18 to 38 years and accuses the OLG of delaying a purchase agreement.
The OLG denies Buttcon's allegations and any claims for compensation in its statement of defence and in a counterclaim filed with the Ontario Superior Court of Justice on Nov. 10.
It alleges that Buttcon breached the terms of its agreement by failing to properly design the plant, which the OLG claims cannot be safely connected to the local power grid.
Buttcon has now stopped operation of the plant, and the province hired Angus Consulting Management Ltd. in September to operate it temporarily.
Share Tools
Latest Windsor News Headlines
- CAW wants Detroit 3 to invest in Canada
- The CAW says new investment in Canada will be the key issue in upcoming contract negotiations with the Detroit Three. more »
- CP Railway strike halts some international trade
- The waiting games continues for Windsor area businesses that rely partly or wholly on the Canadian Pacific Railway lines. more »
- Windsor told to stick with green energy industry
- A consortium of unions and environmentalists say Windsor still has a chance at being a leader in the green energy manufacturing sector. more »
- Canada ending 'Buffalo shuffle' for visas, closing consulate
- The federal government is shutting the Canadian consulate in Buffalo less than two years after costly renovations, while dropping a requirement for visas to be renewed outside the country, CBC News has learned. more »
Top News Headlines
- Teen struck by lightning in Ottawa dies
- The victim of a Friday lightning strike during a storm in east Ottawa has died, CBC News has learned. more »
- Montreal protesters march in peaceful defiance
- The clanging of pots and pans sounded throughout Montreal's downtown core Saturday night and into early Sunday morning, as thousands of protesters marched on in peaceful — but loud — defiance of Bill 78. more »
- Syrian children massacred by the dozens, UN says
- More than 90 people have been killed by regime forces in a district of central Syria, with the head of the UN team in the country confirming at least 32 children and 60 adults were killed in an artillery attack. more »
- Missing Winnipeg children found in Mexico
- Two Winnipeg children reported missing and possibly in Mexico have been found alive, according to unofficial reports from an agency that works to find missing people. more »
- CP Railway strike halts some international trade
- CAW wants Detroit 3 to invest in Canada
- Teamsters trying to organize parkway truckers
- LCBO now selling more local wine
- Jiimaan to make final trip to Pelee Island before repairs
- Burned out Dollarama unsafe for fire investigators
- Cancer-killing dandelion tea gets $157K research grant
- Trucker protest halts $1.4B parkway project
- Caesars Windsor has 'defence plan' for competition

