Tesla Inc was DEFINITELY speeding up delivery of the 319 LR TM3's to meet the Ontario govt deadline of Sept 10th
Too bad 175 TM3 reservation holders elected to cancel their order!
The pertinent paragraphs from the court procession.....
It is in Tesla Canada’s interest to ship vehicles to customers to complete a sale as soon as practicably possible irrespective of whether EHVIP Transition Funding is time-limited.
30.
Should either this Court or the Divisional Court find that the Applicant’s customers are eligible to apply for the Second Category of Transition Funding, such eligible purchasers and any incentive they may be eligible for are finite, quantifiable and can be compensated. There is no spectre of irreparable harm to the Applicant or its customers.
31.
Mr. Leitch asserts that as of August 19, 2018,
there were 319 outstanding orders for eligible Tesla Model 3 vehicles with purchase orders prior to July 11, 2018 which can be delivered by September 10, 2018.
32
Mr. Leitch admitted on cross-examination that none of these orders had been made from a Tesla Canada dealership to Tesla, Inc., the manufacturer. Rather, each order had been made directly by a purchaser.
33
On July 11, 2018, Tesla Canada was only in possession of 34 Tesla Model 3s in Ontario not yet assigned to a specific customer.
34
Moreover, Tesla Inc., the parent company of Tesla Canada only started delivering Tesla Model 3s to Ontario in or around May 2018.
35
Given
Tesla Canada’s documented two-to-four month delivery wait time,
36
it is unclear how many Tesla Model 3 purchasers would be eligible for Second Category Transition Funding as a consequence of Tesla Canada's inability to provide them a vehicle on or before September 10, 2018 in any event of the outcome of this application.