The defendant, the Ontario Power Authority, brought a motion to strike the plaintiff's statement of claim for misfeasance in public office on the ground that it disclosed no reasonable cause of action.
The plaintiff alleged that the defendant unlawfully and retroactively reduced the price it would pay under the microFIT program, causing the plaintiff to lose customers and suffer financial harm.
The court applied the test for a motion to strike and the elements of misfeasance in public office, concluding that it was not plain and obvious that the claim must fail.
The motion to strike was dismissed.
