The applicants, comprising 118 limited partnerships, sought judicial review of the Minister of Energy's directions to the Ontario Power Authority (OPA) to change the Feed-In Tariff (FIT) Program rules.
The applicants had submitted numerous applications under the original FIT Rules 1.0 and argued that the new FIT Rules 2.0 were applied retroactively, breached their legitimate expectations, and interfered with vested rights.
The Divisional Court dismissed the application, finding that the Minister's policy directions were subject to a reasonableness standard of review.
The court held that the applicants had no vested rights or legitimate expectations that the program rules would remain unchanged, as the FIT Program was a discretionary government policy initiative subject to modification.
