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CUPE appealing dismissal of lawsuit over partial Hydro One sale

A court dismissed the Hydro One lawsuit last month, calling it an impermissible attack on a core policy decision taken by the ministers. THE CANADIAN PRESS IMAGES/Lars Hagberg

TORONTO – The Canadian Union of Public Employees is appealing a court decision that tossed its lawsuit against the Ontario government over the controversial partial sale of Hydro One.

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The lawsuit alleged the sale of shares in the utility was motivated by improper and ulterior purposes, namely to reward benefactors of the Ontario Liberal Party.

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It alleged the Liberals inappropriately mixed government and party business by holding fundraisers with cabinet ministers, such as a $7,500-a-ticket event that was attended by bankers who profited from the privatization of Hydro One.

READ MORE: Ontario court dismisses lawsuit over sale of Hydro One shares

But the court dismissed the lawsuit last month, calling it an impermissible attack on a core policy decision taken by the ministers.

CUPE’s notice of appeal says the court erred by finding that the facts of the case failed to support the allegation that ministers acted in bad faith or for an improper purpose.

The union is asking Ontario’s Court of Appeal to set aside the dismissal or let it amend the statement of claim “to correct any deficiency the court may find.”

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