The provincial government is able to continue with the selling of Hydro One shares after a judge struck down a $1.1 million lawsuit aimed at stopping it. The judge stated that it is the right of a government to set policy.
The action, which was led by the Canadian Union of Public Employees Ontario (CUPE) president Fred Hahn, was described as "an impermissible attack on a core policy decision," by Justice P.J. Cavanagh of the Ontario Superior Court of Justice.
The allegations CUPE made during the initial filing of the misfeasance suit in December include:
- Hydro One was a vital asset that the government had no mandate to sell
- The share sale was part of a fundraising scheme
In response to this, in the decision Cavanagh determined the sale is "explicitly permitted" under the Electricity Act, which was amended two years ago to facilitate the sale of shares. Even though Premier Kathleen Wynne decided to sell off 60 per cent of Ontario's shares, the province still owns 49.9 per cent of Hydro One.
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