The appellant, Trillium Power Wind Corporation, appealed the dismissal of its claims for misfeasance in public office and spoliation against the Ontario government.
The claims arose from the abrupt cancellation of offshore wind power projects and the subsequent destruction of government documents.
The Court of Appeal upheld the dismissal of the misfeasance claim, finding no evidence that the moratorium announcement was timed to injure the appellant or that the appellant suffered damages.
However, the court allowed the appeal regarding the spoliation claim, finding that the deliberate destruction of relevant government documents, even under a general policy, constituted spoliation and an abuse of process.
Despite this, no damages were awarded for spoliation as the appellant could not prove it suffered any, but the appellant was granted costs of the appeal and Ontario was deprived of its costs below.