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

Seven arrested in drug trafficking investigation

Queen Charlotte RCMP arrested seven people in connection to a drug trafficking… Continue reading

More sailings coming to Haida Gwaii

The B.C. government says Haida Gwaii’s two BC Ferries routes are among… Continue reading

More sailings coming to 10 BC Ferries’ routes

Transportation Minister Claire Trevena said the sailings were originally cut in 2014

Mold shuts down construction at QC supportive housing project

Construction of the new 19-unit modular housing complex in Queen Charlotte has… Continue reading

Spring fishery closures mulled for south coast

Fewer fish are returning to rivers and more conservation needed, say feds

National Energy Board approves Trans Mountain pipeline again

Next step includes cabinet voting on the controversial expansion

Girl heard saying ‘Help my Dad’ in suspicious radio message on Vancouver Island

Police asking for help following mysterious signals from somewhere between Comox and Sayward

Fraser Health closes all pools at Harrison Hot Springs

Public pool available after all five mineral pools closed until Monday

No treatment for highly infectious measles, says doctor

10 cases of measles confirmed in Vancouver as of Friday

Two more measles cases confirmed in Vancouver

It brings the number of total cases within the city connected to the outbreak to ten

B.C. Special Olympics officially underway in Vernon

Athlete’s Oath: “Let me win. But if I cannot win, let me be brave in the attempt.”

Vancouver Aquarium wants your help to name a baby killer whale

The public helped name Springer’s first calf, Spirit, and is being asked to help with the second

Guards protest firing of fellow officers charged with assault at B.C. prison

Corrections officers demonstrated in Maple Ridge on Friday afternoon

Skier dies at Revelstoke Mountain Resort

Cause of death for young man has not been released

Most Read