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ARTICLE · 25 SEPTEMBER 2012

Ontario’s Divisional Court Dismisses Application Challenge Of Changes To The FIT Program

Dale & Lessmann LLP
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The Ontario Divisional Court released its judicial decision of SkyPower CL I LP et al v Minister of Energy (Ontario) et al. and dismissed the applicants’ challenge with respect to the changes made by the Ontario Power Authority("OPA") to its Feed-In Tariff ("FIT") Program Rules from version 1.0 to 2.0.

CanadaEnergy and Natural Resources
Sven Walker
Sven Walker
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On September 10, 2012 the Ontario Divisional Court released its judicial decision of SkyPower CL I LP et al v Minister of Energy (Ontario) et al.1and dismissed the applicants' challenge with respect to the changes made by the Ontario Power Authority("OPA") to its Feed-In Tariff ("FIT") Program Rules from version 1.0 to 2.0.  

The applicants, of which there were 118 limited partnerships, contended that the Minister of Energy and the OPA acted unreasonably in failing to process applications in accordance with OPA rules and they wanted a declaration that the Minister of Energy's new directives were unfair, discriminatory and ultra vires the enabling legislation. The applicants sought an order of the Minister to direct the OPA to process all existing FIT applications in accordance with FIT Rules 1.0. All of the applicants' arguments were dismissed with costs.

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