Tesla has been ramping up production with Musk last week speaking half in jest to shareholders yelling "Canada" - "We've got a lot of Canadas, I'm half Canadian, maybe I should."

The Ontario government said it will abide by the court's decision and include Tesla in the wind-down program.

Tesla said the decision by Premier Doug Ford's government to halt the program in July left hundreds of its customers no longer eligible for rebates they expected to get when they ordered their vehicles.