The fact that they were building something bigger is what makes them so special. It is (I assume) why the government gave them the exemption. A judge said this was wrong and I agree and support that decision.
You can also make a philosophical argument that this was wrong, that nobody should get an exemption. If that's your argument (and I think it is) then I can't and won't say you're wrong. However, that is a subjective argument. It's your opinion, and I disagree. I don't disagree that they weren't compliant, but, like the government, I want to see more competition so I support the exemption. That said, I'd prefer the rules were changed for everyone instead. You can disagree with my opinion, but it's still my opinion.
To be clear though, the judge made no comment on whether Wind's compliant, just that Clement cannot overturn the CRTC decision in the manner he did.
Ken's NDA applies unless he is subpoenaed to testify about Wind, which seems unlikely and unnecessary at this point.