The plaintiffs sought leave under s. 17(2) of the Crown Liability and Proceedings Act, 2019 to bring a claim against the Ontario Ministry of Energy for misfeasance in public office, inducing breach of contract, and conspiracy.
The claims arose from the cancellation of the Feed-in-Tariff (FIT) renewable energy program following the 2018 provincial election.
The plaintiffs alleged the Ministry unlawfully took instructions from the incoming government's transition team during the caretaker period to defer Notice to Proceed requests, thereby avoiding increased compensation payouts upon the program's eventual cancellation.
The Superior Court of Justice dismissed the motion, finding no reasonable possibility that the claims would succeed, as the Ministry's actions in maintaining the status quo during the transition period were neither unlawful nor in bad faith.
