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

Opioid overdoses killing three people a month in Chilliwack

35 deaths in 2018 locally compare to 23 in 2017, 13 in 2016 up from about five per year before that

Agassiz break and enter suspect arrested

The Chilliwack man faces charges relating to break and enters throughout Agassiz

Outdoor rink, lagoon improvements on the agenda for Harrison

The projects are intended to increase tourism numbers and infrastructure in the resort village

Chilliwack parent urges fellow dog owners to keep Fido off school grounds

Risks of harmful encounters between kids on and dogs are too high, says Chilliwack mom

Coquihalla closed southbound near Hope

DriveBC suggests detouring via Highway 1

VIDEO: Canada’s flag turns 54 today

The maple leaf design by George Stanley made its first appearance Feb. 15, 1965

Former B.C. premier Gordon Campbell accused of sexual touching

Accuser went to police, interviewed by Britian’s Daily Telegraph

Avalanche control planned tomorrow on Highway 1

The highway will be closed in the morning east of Revelstoke

Judge rules Abbotsford home must be sold after son tries to evict mom

Mom to get back down payment and initial expenses

Mayors approve SkyTrain extension to UBC

Next step is a business plan and public consultation

Trump officially declares national emergency to build border wall

President plans to siphon billions from federal military construction and counterdrug efforts

Snow turns to slush, rain as it warms up across B.C.’s south coast

Some areas are already covered by more than half a metre of snow following three separate storms

Father to be charged with first-degree murder in Amber Alert case

11-year-old Riya Rajkumar was found dead in her father’s home in Brampton, Ontario

Police track armed kidnapping across Thompson-Okanagan

RCMP allege it was a targeted crime believed to be linked to the drug trade

Most Read