The Government of Ontario has given notice to Trillium Power Wind Corporation (Trillium Power) that on October 24, 2017 it will yet again seek a motion to dismiss Trillium Power's litigation efforts on "misfeasance in public office" and "spoliation." This notice follows similar a motion by the Government of Ontario in 2013, which was overturned by the Ontario Court of Appeal.
Trillium Power is seeking damages of $500 million for misfeasance and the deliberate destruction of evidence. In 2015, the Government of Ontario claimed that no "deliberate destruction of documents" had occurred.
Dalton McGuinty's former chief of staff and deputy chief of staff, are currently on trial for breach of trust, mischief in relation to data and misuse of a computer system in the alleged wiping of hard drives in the Premier's office. The destruction of documents in January 2013 is related to the cancellation of two gas-fired power plants in 2011. Trillium Power alleges important evidence related to their energy files was also deleted at the same time.
Trillium Power's claim arises from the cancellation of its far-offshore wind projects just hours before the company was set to complete a $26 million private equity financing. This would have made offshore-wind a reality in Ontario. Trillium Power's most advanced far-offshore wind development, TPW1, is approximately 28 km from mainland Ontario and was anticipated to create 6,000 well-paying high-skilled jobs and provide clean energy to over 214,000 homes in Ontario. (TPW1 near Kingston - see attached map).
"After 6 long years it is absurd that the Ontario Government is again trying to dodge disclosing all evidence at open trial," stated Hilton Price, Chairman of Trillium Power. "It should be shocking to all Ontarians that their government is using every trick in the book to deny and delay this trial so that the public does not find out what really happened."
The Ontario Court of Appeal has already decided a trial should go forward on "misfeasance in public office." Now the Government of Ontario is suggesting there is no evidence to go to trial - even though Trillium Power has provided thousands of pieces of evidence to suggest otherwise. "With the ongoing criminal trial related to the cancellation of gas plants it is clear that the Liberal Government does not want this information disclosed or government staff and ministers to be examined under oath."
Morris Cooper, Trillium Power's legal counsel, stated, "this action was set down for trial on September 28, 2016. Counsel for the Ontario Government at trial scheduling court said that this was not less than a 15-day trial. As a result, the trial date was set for June 11, 2018. Now the Ontario Government intends to bring a motion to dismiss the action and argues that it will only take one half day to be heard. We will be arguing that this proposed motion is an abuse of process and intended solely to delay the upcoming trial."
Hilton Price further stated, "If the Ontario Liberals have nothing to hide they would be seeking the earliest possible trial date. Instead, they are using legal chicanery and Catch Us If You Can' tactics to deny a full trial. This is the type of behavior you would expect from governments in banana republics and should not be tolerated here in Ontario."
A copy of Trillium Power's backgrounder and court filings can be downloaded here.
Contact
Hilton Price
hilton@trilliumpower.com
647.465.6161
