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Ontario EV Rebates Cancelled July 11, 2018

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Ok - here’s what I know:

A ruling was in favour of Tesla. The province will be directly compensating Tesla to the tune of $150,000. I presume that is for court costs (ie, hiring of lawyers).

The briefing as it was read to me did NOT include information on whether or not Tesla customers will be retroactively included in the rebate - however it would certainly be strange for Tesla to be found in the right and for us to still be without the rebate. Unfortunately we are just going to have to wait for the media to pick up on this unless someone can go to the courthouse and read it for themselves. I’ll ask my wife but I’m certain she won’t be ok with it as we have plans tonight.
Big shock one person finds the information you provided to be funny :rolleyes:
 
The first message on this was at 11:39 am this morning, I would have assumed ~ 6 hours later there would be some news story or tweet about this, and there isn't so its making me wonder if this is real? You would think that one way or another whoever 'won' would be claiming victory by now....or maybe its just that legal battles arent as newsworthy as mass shootings, the latest rumor about 'collusion', etc...cause those get tweeted out 0.05 nanoseconds after they happen....
 
I was informed directly by the court, and I also emailed a journalist who interviewed me for Canada Press a few weeks ago. Both confirmed that Tesla won a decision. I have no idea why this isn’t in the news yet - perhaps it’s a lot of information to dissect.
 
The first message on this was at 11:39 am this morning, I would have assumed ~ 6 hours later there would be some news story or tweet about this, and there isn't so its making me wonder if this is real? You would think that one way or another whoever 'won' would be claiming victory by now....or maybe its just that legal battles arent as newsworthy as mass shootings, the latest rumor about 'collusion', etc...cause those get tweeted out 0.05 nanoseconds after they happen....

This is a SUPER minor story. They'll get to it when they get to it... I think it'll start dripping out tonight.
 
I had emailed Electrek earlier and they just posted Tesla wins against Ontario gov as judge rules that phase-out of EV incentives is discriminatory

"The Ministry of Transport later tried to have the lawsuit dismissed, but Tesla has now told Electrek that the judge sided with them and made the phase-out plan illegal due to its discriminatory nature against Tesla.

It’s now up to the government to come up with a different plan that would be fair to Tesla buyers.

We contacted the Ministry of Transport about the ruling, but they weren’t available for an immediate response."
 
Also here was Ontario's response in Aug 21 to have it dismissed - Tesla v. Ontario - Factum | Electric Vehicle | List Price

Interesting tidbits - B/w July 11 and Aug 19, there were 175 cancelled orders and Tesla expected to deliver 391 eligible Model 3s by Sep 10 (para 31 - 34)

As one of the 175 who cancelled this is where I find the Tesla end frustrating, at no point did they communicate that they are trying to do something on customers behalf, all we ever got were “you better cancel before VIN assigned, ok when will VIN be assigned? We have no idea”

Just communicate that you are trying...a twitter post, an email, consistent messaging from phone reps.
 
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Reactions: adaptabl
I wonder if the 175 cancelled orders will be compensated in some way. Pretty easy for Tesla to track.[/

There was no guarantee that they would get this decision. Those that cancelled took a chance and were/are getting a refund so they are not out any money. And just like those that did not cancel took a chance as well and there still is not a guarantee we get anything or the full 14k.
 
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Tesla Inc was DEFINITELY speeding up delivery of the 319 LR TM3's to meet the Ontario govt deadline of Sept 10th
Too bad 175 TM3 reservation holders elected to cancel their order!

The pertinent paragraphs from the court procession.....

It is in Tesla Canada’s interest to ship vehicles to customers to complete a sale as soon as practicably possible irrespective of whether EHVIP Transition Funding is time-limited.
30.
Should either this Court or the Divisional Court find that the Applicant’s customers are eligible to apply for the Second Category of Transition Funding, such eligible purchasers and any incentive they may be eligible for are finite, quantifiable and can be compensated. There is no spectre of irreparable harm to the Applicant or its customers.

31.
Mr. Leitch asserts that as of August 19, 2018, there were 319 outstanding orders for eligible Tesla Model 3 vehicles with purchase orders prior to July 11, 2018 which can be delivered by September 10, 2018.

32
Mr. Leitch admitted on cross-examination that none of these orders had been made from a Tesla Canada dealership to Tesla, Inc., the manufacturer. Rather, each order had been made directly by a purchaser.

33
On July 11, 2018, Tesla Canada was only in possession of 34 Tesla Model 3s in Ontario not yet assigned to a specific customer.

34
Moreover, Tesla Inc., the parent company of Tesla Canada only started delivering Tesla Model 3s to Ontario in or around May 2018.

35
Given
Tesla Canada’s documented two-to-four month delivery wait time,

36
it is unclear how many Tesla Model 3 purchasers would be eligible for Second Category Transition Funding as a consequence of Tesla Canada's inability to provide them a vehicle on or before September 10, 2018 in any event of the outcome of this application.

13-46fbc2eb1f.jpg
 
So from an application for summary dismissal the judge ruled on the entire merits of the case? I find that really odd.

The Ministry of Transport later tried to have the lawsuit dismissed, but Tesla has now told Electrek that the judge sided with them and made the phase-out plan illegal due to its discriminatory nature against Tesla.

That's Tesla's slant on it but then we are told in the same article:

It can be argued whether or not that’s a good decision, but there’s no doubt that the new government is within its rights to shut down the program even though it will undoubtedly lead to more pollution from the province’s transport sector.

So we know what the gov't did was legal but the way they did it was discriminatory. Was a final order issued? Or is this an interlocutory finding and the case continues? It seems the case continues, since Tesla is now told to find a way to do it that is not discriminatory. All on summary application?

We really need to read the actual judgement. No mention of any appeal either, which almost seems automatic by both parties in a case like this.

The pertinent paragraphs from the court procession.....

To be clear, the court has nothing to do with that document except that the Registry accepted it for filing. It's Tesla's Factum -- and thank you for that and the link. Very interesting.
 
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