On September 10, 2012, the Divisional Court released its decision dismissing SkyPower group of
companies' (Skypower) application for judicial review of
Ontario's new Feed-In-Tariff (FIT) rules.
Skypower sought a number of declarations concerning the Ontario
Power Authority's (OPA) and Ministry of
Energy's (MoE) decision not to process FIT applications
submitted before April 5, 2012 (FIT 1 Applications) in accordance
with FIT rules version 1.5.1 (FIT 1). Skypower had 66 applications
submitted under FIT 1 awaiting review and a further 52 applications
that had been screened by the OPA and not offered a contract. On
April 6, 2012, upon a MoE directive, the OPA released new draft
rules for FIT applications that were finalized on August 10, 2012
(FIT 2). The new FIT 2 rules applied to Skypower's 118
applications (Existing Applications) that were submitted under FIT
1. Skypower argued that as a consequence of these changes,
virtually all of its Existing Applications would be
