1. The testimony heard at the hearing confirmed that secret deals, arbitrary rules, and selective enforcement of the FIT rules predominated the renewable energy investment climate in Ontario. This was all done in the service of political expediency, rather than in the service of public integrity and transparency.

2. The Ontario Minister of Energy signed the GEIA without cabinet approval at a ceremony which took place on January 21, 2010, in the face of evidence of the success of the FIT program. By entering into a secret deal with the Korean Consortium, Ontario’s investment environment for renewable energy was no longer a transparent process motivated by laudable environmental goals. Instead it was a systematically unfair process replete with favouritism and systemically unfair and producing uneven regulatory conduct.

3. The evidence on the record conclusively demonstrates what really happened:

a. The local content requirements imposed by Ontario under the FIT program were always in violation of Canada’s NAFTA obligations, and Ontario knew that from the outset. Canada did not defend its conduct in any of its written pleadings, nor at the hearing. When this issue was raised by concerned stakeholders, Ontario’s response was not that the requirements were NAFTA compliant, but rather that other Canadian provinces had established these requirements and had not been challenged.1 The Investor’s valuation expert testified that the Investor incurred harm arising from these requirements.2 Canada did not rebut this damages evidence, either. The sole issue for the Tribunal is whether the government procurement exception applies to what Canada essentially conceded was otherwise wrongful conduct. It does not.