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

Forestry workers set to begin job action in Kootenays

Operations in Castlegar, Cranbrook, Galloway, Elko, Radium, Golden may see job action this week.

Your Mountain Minute for November 15

Golden’s weekly 60-second news recap… Continue reading

UPDATE: Highway 1 in Golden reopened

UPDATE: The Trans-Canada Highway east of Golden has been reopened. Crews were… Continue reading

Golden council considers cannabis zoning

The Town of Golden is going through the motions and deciding how… Continue reading

Golden’s landfill may not be to blame for water contamination

A resident who lives beside the Golden Landfill has asked the Columbia… Continue reading

REPLAY: B.C’s best video this week

In case you missed it, here’s a look at the replay-worth highlights from this week across the province

Privacy concerns over credit card use for legal online pot purchases

Worries follow privacy breaches at some Canadian cannabis retailers

NEB approves operating pressure increase to repaired Enbridge pipeline

The pipeline burst outside of Prince George on Oct. 9, now operating at 85 per cent

B.C. VIEWS: Setting speed limits in a post-fact political environment

Media prefer ‘speed kills’ narrative, even when it fails to appear

Controversy erupts over Japanese flag in B.C. classroom

Online petition demanding removal has collected more than 5,700 signatures

Death toll rises to 76 in California fire with winds ahead

Nearly 1,300 people remain unaccounted for more than a week after the fire began

Trump says report on Khashoggi death expected in a few days

Jamal Khashoggi was a columnist for The Washington Post who was slain Oct. 2 inside the Saudi Consulate in Istanbul

CUPW requests mediator as deadline for Canada Post offer expires without deal

Prime Minister Justin Trudeau weighed in Saturday night with a last-minute plea to the two sides

Trudeau says he won’t negotiate in public on future of LGBTQ rights in USMCA

Legislators urged Trump not to sign the agreement unless the language was removed.

Most Read