R
I'm not so sure....this is from the verdict....
emedy
[65]
Tesla asks that I set aside the limitation of the transition program to franchised dealers.However, doing that effectively re-shapes the transition program and requires the government to
fund subsidies to Tesla’s customers. I am not prepared to make such an order. The government’s
counsel argues that the inclusion of only franchised dealers is part and parcel and inextricably intertwined with the terms implemented to construct the transition program. I agree. If thegovernment wants to transition out of the electric car subsidy program, the Minister must exercisehis operational discretion in a lawful manner. He has yet to do so. I therefore quash and set asidethe Ministe
r’s
unlawful exercises of discretion to implement the transition program announcedJuly 11, 2018 (as amended by its letter to Tesla of the same date and further amended in the
Allow me to summarize what he wrote:
First: Tesla asked him to rewrite the transition plan to include Tesla customers. He is not willing to do that. Per the previous 16 pages, he explained why: it is beyond the scope of the judiciary to interfere in such a way. He cannot dictate policy.
Second: the province argued that the inclusion of franchise dealerships was a key component of their transition plan. He agreed. Per the previous 16 pages, and especially the previous paragraph, he laid out how excluding Tesla was unfair, discriminatory, and unlawful. Thus, because a key component of the transition plan was unlawful, he threw out the entire thing and instructed the province to make a new one.
He did this specifically because it is not in his power to erase a line from the transition plan. It is in his power to garbage it, however, which is what happened.
At this point, I am almost entirely certain that we will be getting the rebate.
