A Tesla emblem is seen on the back end of a Model S in the Tesla showroom in Santa Monica, Calif., on Wednesday, Aug. 8, 2018. THE CANADIAN PRESS/AP-Richard Vogel

Ontario judge rules in favour of Tesla in rebate program dispute

Ontario Superior Court judge Frederick L. Myers said the decision to exclude Tesla from a grace period for the program’s wind-down was arbitrary and had singled out Tesla for harm.

An Ontario court has ruled in favour of the Canadian arm of Tesla Inc. in its petition that it had been treated unfairly in the provincial government’s cancellation of an electric vehicle rebate program.

Ontario Superior Court judge Frederick L. Myers said the decision to exclude Tesla from a grace period for the program’s wind-down was arbitrary and had singled out Tesla for harm.

Tesla launched the legal petition after Ontario’s Progressive Conservative government ended the rebate program on July 11, but said it would extend the rebates to vehicles already sold through dealerships if they were delivered and registered within 60 days.

The provincial government later clarified that the extension only applied to vehicles sold through franchised dealerships, which excluded Tesla’s Ontario dealerships.

Tesla said it was pleased with the court’s decision to strike down the discriminatory policy.

“Tesla only sought fair treatment for our customers and we hope the Ministry now does the right thing by delivering on its promise to ensure all EV-owners receive their incentives during the wind-down period.”

A spokesperson for the Ministry of the Attorney General said the government was reviewing the ruling.

The government had said the decision to limit the program to franchised dealerships was to help protect small- and medium-sized businesses that may have been hit by the program, but Myers said the government provided no evidence to back up its plan.

“The discretionary decision to limit the transition to franchised dealers is not at all related to either protecting small to mid-sized dealers or to protecting dealers who may suffer losses to manufacturers.”

Myers quashed the government’s exercise of discretion as it was made for an improper purpose and because it singled out Tesla without providing the car maker “any fair process whatsoever.”

Tesla said it had 600 active customer orders when the government ended the program in July and that 175 customers had since cancelled their orders.

Related: Tesla burns $739.5 million in cash on way to record 2Q loss

Related: Elon launches Tesla into space

The Canadian Press

Like us on Facebook and follow us on Twitter.

Just Posted

Ice Demons get an early start on the ice

The players are determined to score wins in this year’s league.

Focus groups important for age-friendly policy

These results will drive the age-friendly action plan

Is it a car? Is it a buggy? Yes, all of the above

Riverbank cleanup nets some odd items

CMTN unveils renovated House of Cedar

$18.4M upgrade and renovation cited as key to modern trades training

Mobile complaint team coming to B.C.’s northwest

Ombudsperson’s office wants to hear from wronged residents

Environment Canada confirms Ottawa area hit by two tornadoes Friday

At one point more than 200,000 hydro customers were blacked out

Cities make power play for new fiscal order with eye to 2019 federal election

Trudeau ordered Champagne to talk with provinces and territories about ways to “address the timeliness of the flow of funds” to projects.

Ottawa area residents take stock of tornado rubble as Ford tours the ruins

A tornado on Friday afternoon tore roofs off of homes, overturned cars and felled power lines in the Ottawa community of Dunrobin and in Gatineau, Que.

Trudeau arrives at United Nations, hoping to re-establish Canada on world stage

Trudeau is beginning his day at the opening of the Nelson Mandela Peace Summit, where he’s scheduled to deliver brief remarks later this afternoon.

B.C.’s FATSO peanut butter to appear on Dragon’s Den

The Victoria company will be featured on the Sept. 27 episode of the popular show highlighting Canadian businesses

Whitecaps see playoff dreams fade after 2-1 loss to FC Dallas

Goal in 87th minute seals Vancouver’s fate

B.C. students send books to displaced students of Hornby Island school fire

Maple Ridge elementary school teacher says students learned about acts of kindness

Trump drains oxygen from Trudeau foreign policy with PM, Freeland bound for UN

A lot has changed since the Liberals came to power in Canada in 2015

Most Read