A wind power company is going to court – to get $28 million it is owed by the federal government – because of an Ontario offshore wind moratorium.

Windstream Energy had a 300-megawatt project planned for an offshore wind project in eastern Ontario –  when the Ontario government brought in the moratorium in February 2011.

The company took its complaint to a NAFTA tribunal – which partially ruled in Windstream’s favour – awarding it $25 million in damages for unfair and inequitable treatment – in addition to $3 million in legal fees.

But obligations are Canada’s, and not the provinces’, under the North American Free Trade Agreement – so Windstream is looking to the federal government for payment –  and says it hasn’t yet received any money.

The ruling said payment was due within 30 days of the September 30th ruling and under NAFTA rules, Windstream can seek enforcement of the award after three months.

Windstream filed an application today with the Ontario Superior Court asking for enforcement of the $28-million award.