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Manitoba

Solar installer files court case versus Hydro, alleges mismanagement, inducement

A Manitoba solar instalment company that made public allegations against Manitoba Hydro last month has taken those allegations to court this week.

Sycamore Energy made public allegations in November that Hydro's actions caused $1 million in loss of business

There are 252 uncompleted projects, nearly 100 of which belong to Sycamore Energy. The installer blames Hydro for not meeting its deadlines. (Pierre Verriere/CBC)

A Manitoba solar installation company is taking Manitoba Hydro to court, alleging itmismanaged its Solar Energy Pilot Program.

Sycamore Energy filed a statement of claim Monday saying delays in getting permits and instalment approvals from Hydro impeded the company's ability to meet deadlines, made projects more costly, and caused customers to refuse to payfor completed projects.

The company also claimed that Hydro induced its customers to switch installers, and a mass email made a portion of Sycamore Energy's clients public to competitors.

The email and inducement led to "at least 10 customers" cancelling their purchase order and signing with a competitor, the statement of claim said.

The lost profit between Nov. 5-13 due to those cancellations totalled over $300,000, it said.

The root cause of Sycamore's problems was Hydro's mismanagement of the two-year solar energy rebate program, Sycamore said in its statement of claim. From the moment in started in April, 2016, the program suffered from "a clear lack of organization and planning."

Sycamore Energy alleged in its statement of claim that Hydro mismanaged its two-year Solar Energy Pilot Program. (Submitted/Sycamore Energy)

In a statement Tuesday morning, Hydro spokesperson Bruce Owen said the Crown corporation has no knowledge of any statement of claim.

"If a statement of claim is filed and served, we'll file a statement of defence in due course,"Owen said. "As this matter is now apparently before the courts, we have no further comment."

The solar energy rebate program was run by Hydro's Power Smart, whichwill be taken over by the newly created Crown corporation, Efficiency Manitoba.

The deadline to apply for Hydro's solar energy program was Apr. 30, 2018, and installers had 365 days from a customer's pre-approval date to complete the installation and submit all required completion documents.

There are 252 uncompleted projects, nearly 100 of which belong to Sycamore Energy.

Sycamore is seeking to be paid for damages for Hydro inducing breach of contract and for "intentional interference with economic relations;" an injunction; punitive, aggravated and exemplary damages, plus legal fees, according to the statement of claim.

Manitoba Hydro has 20 days to file itsstatement of defence.