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

More funding for Harrison tourism projects on the horizon

Village could see increased funding by 2020

Most cows saved during massive fire on Agassiz farm thanks to fast work of farmers, neighbours

Agassiz Fire Department responded to late night call Wednesday

Risk of thunderstorm this afternoon for Vancouver Island and Lower Mainland

A special weather statement calls for heavy rain and wind over the next 48 hours

Chilliwack steps up to the plate and brings music and dance Provicials to town to prevent lag

Sponsors are needed to help knock the 2019 Provincials out of the park

Massive fire destroys Agassiz dairy barn

Reports say at least one cow died in the blaze

Environment Canada confirms Ottawa area hit by two tornadoes Friday

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

Porsche impounded for going 138 km/hr in 90 zone during charity rally

West Vancouver Police said wet roads and heavy rain made it extra dangerous

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

Phase 2 of $1.35B Royal Columbian upgrades won’t be a public-private partnership

B.C. Health Minister Adrian Dix says it will be a design-build

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

B.C. man fined $15,000, barred from trading securities for fraud

Larry Keith Davis used money from an investor to pay personal bills

Emergency crews investigate small sulphuric acid spill in Kootenays

IRM states a small volume of less than one cup and three dime-sized drips were leaked from carrier

Family, friends of B.C murder victim want killer sent back to max security facility

Group wants convicted murderer Walter Ramsay sent back to a maximum security facility

Most Read