S. Brown-Okruhlik

The applicant, a solar project supplier, sought damages of $1,468,293.40 from the respondent, the Independent Electricity System Operator, alleging ambiguity in the Feed-In-Tariff (FIT) contracts regarding the '120% rule'.

The applicant argued it was permitted to use the Nominal Operating Cell Temperature (NOCT) rating rather than the Standard Test Conditions (STC) rating.

The court dismissed the application, finding no ambiguity in the contracts when read as a whole, and held that STC is the universally accepted standard in the solar industry.

The court also found the applicant was contractually precluded from claiming damages.

The applicant sought recognition of a $22 million arbitral award against the respondent.

The respondent opposed recognition, arguing it would be contrary to Ontario public policy because its counsel in the arbitration had a conflict of interest by providing expert evidence in a separate case that the applicant could indirectly benefit from.

The court rejected this defence, finding that the alleged conflict did not fundamentally offend basic principles of justice and fairness, and granted the order recognizing the award.