In Capital Solar Power Corporation v The Ontario Power
Authority,1 Howard Borlack of McCague Borlack LLP
represented the Ontario Power Authority before Justice Toscano
Reccamo of the Ontario Superior Court of Justice for a claim
alleging the tort of misfeasance of public office.
Background Facts
Ontario Power Authority ("the OPA"), as an agent of
the Ontario government, launched the microFIT program to encourage
small businesses, homeowners, and farmers to develop small
renewable energy projects. The plaintiff, Capital Solar Power
("Capital Solar"), was a small business that submitted
applications to the microFIT program on behalf of their customers.
Capital Solar relied on the microFIT Rules ("the Rules")
and its pricing schedule to attract customers.
