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    Tesla's suit against the Ontario government over EV rebate changes

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    Tesla's suit against the Ontario government over EV rebate changes

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    23K views13 pages

    Tesla Sues Ontario

    Uploaded by

    Tesla Sues Ontario
    Tesla's suit against the Ontario government over EV rebate changes

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    of 13
    Divisional Court File No. 9 3 ONTARIO SUPERIOR COURT OF JUSTICE (DIVISIONAL COURT) BETWEEN: ‘TESLA MOTORS CANADA ULC Applicant and ONTARIO (MINISTRY OF TRANSPORTATION) Respondent NOTICE OF APPLICATION FOR JUDICIAL REVIEW TO THE RESPONDENT A LEGAL PROCEEDING HAS BEEN COMMENCED by the Applicant. The claim made by the Applicant appears on the following page. THIS APPLICATION for judicial review will come on for a hearing before the Divisional Court on a date to be fixed by the registrar at the place of hearing requested by the Applicant. The Applicant requests that this application be heard at Osgoode Hall, 130 Queen Street West, Toronto, Ontario MSH 2NS. IF YOU WISH TO OPPOSE THIS APPLICATION, to receive notice of any step in the application or to be served with any documents in the application, you or an Ontario lawyer acting for you must forthwith prepare a notice of appearance in Form 38A prescribed by the Rules of Civil Procedure, serve it on the Applicant's lawyer or, where the Applicant does not have a lawyer, serve it on the Applicant, and file it, with proof of service, in the office of the Divisional Court, and you or your lawyer must appear at the hearing. IF YOU WISH TO PRESENT AFFIDAVIT OR OTHER DOCUMENTARY EVIDENCE TO THE COURT OR TO EXAMINE OR CROSS-EXAMINE WITNESSES ON THE APPLICATION, you or your lawyer must, in additional to serving your notice of appearance, serve a copy of the evidence on the Applicant’s lawyer or, where the Applicant does not have a lawyer, serve it on the Applicant, and file it, with proof of service, in the office of the Divisional Court within thirty days after service on you of the Applicant's application record, or at least four days before the hearing, whichever is earlier. IF YOU FAIL TO APPEAR AT THE HEARING, JUDGMENT MAY BE GIVEN TO IN YOUR ABSENCE AND WITHOUT FURTHER NOTICE TO YOU. IF YOU WISH TO DEFEND THIS PROCEEDING BUT ARE UNABLE TO PAY LEGAL FEES, LEGAL AID MAY BE AVAILABLE TO YOU BY CONTACTING A LOCAL LEGAL AID OFFICE. Date _August 10,2018 Issued by K— Registrar Address of court office: Osgoode Hall, 130 Queen Street West Toronto, Ontario MSH 2NS TO: MINISTER OF TRANSPORTATION Ministry of Transportation, Minister's Office 77 Wellesley Street West Ferguson Block, 3" Floor Toronto, Ontario M7A 1Z8 Respondent AND TO: ATTORNEY GENERAL OF ONTARIO Crown Law Office - Civil 720 Bay Street, 8th Floor Toronto, Ontario M7A 289 APPLICATION FOR JUDICIAL REVIEW 1. The applicant makes an application for: (a) __ leave for this application to be heard on an urgent basis before a single judge of the Divisional Court sitting as a judge of the Superior Court of Justice; (b) _iffnecessary, an order abridging the time for service of this application; (©) _ an order quashing the Exclusion Decision (defined below); (@) —_adeclaration that, by consequence of (c) above, Tesla Model 3 vehicles sold by Tesla Motors Canada ULC (“Tesla Canada”) are included in the Transition Plan (defined below); (©) inthe alternative, an order quashing the Transition Plan (defined below); () the applicant’s costs of this application; and (g) such other relief as to this Honourable Court may seem just. 2. The grounds for the application are: L Overview 3. On July 11, 2018, the Minister of Transportation cancelled a program that provided Ontario consumers with rebates for the purchase of electric vehicles. Before and after being elected, the current Premier and members of the government had always promised that people who ordered or bought a vehicle “before the cancellation would still get the rebate.” Instead, when the Transition Plan was announced, the Minister of Transportation grandfathered applications for all such purchases except for purchases from Tesla Canada. 4. The Minister of Transportation’s decision suddenly left hundreds of Tesla Canada’s Ontario customers in the unfair position of no longer being eligible for the rebate they had expected to receive when they ordered their vehicles, while purchasers of other brands and from

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