The ITD is attempting to file a lawsuit against Nikola in an Ontario court, but Nikola’s legal team contends that only the U.S. Bankruptcy Court for the District of Delaware has jurisdiction, given that Nikola is an American entity. A hearing regarding this issue is scheduled for today, October 31.
This legal dispute marks yet another hindrance to the growth of hydrogen fuel cell (FCEV) commercial vehicles, such as the Nikola Tre semi, despite efforts from government agencies and firms like ITD.
According to a former Nikola official who requested anonymity, “ITD was a valuable partner but ultimately fell victim to the scarcity of accessible and affordable hydrogen.”
Involvement of Walmart Canada and Lucid Motors
The situation also includes two significant industry players: Walmart Canada and Lucid Motors. Walmart had expressed interest in acquiring a fleet of Nikola Tre Class 8 FCEV semis to comply with Canadian environmental regulations.
However, Walmart Canada only took delivery of two semis, which were returned to Nikola shortly after the company’s bankruptcy filing in February 2025, as confirmed by the former Nikola employee.
Lucid Motors acquired Nikola’s Arizona facility and other assets, including equipment for the Nikola battery-electric semi, at an auction last April. Some equipment remains with ITD, which refuses to hand it over to Lucid amid the ongoing legal conflict.
Failed Ontario Hydrogen Project
A joint hydrogen refueling station project between ITD and HYLA, Nikola’s energy division, in Ontario has not progressed. ITD reportedly invested several hundred thousand dollars in planning and construction and is seeking reimbursement as part of its lawsuit against Nikola.
Nikola’s Legal Actions
Nikola submitted its own legal motion on October 14 in Delaware, requesting the court to compel ITD to fulfill the Lucid sales order, return acquired assets to Lucid, and impose unspecified fees and costs as civil contempt penalties.
This motion aims to enforce an automatic stay against ITD, ensure access to estate property, and seek additional costs as sanctions for ITD’s alleged breach of the automatic stay. Additionally, Nikola is demanding the return of one of its battery-electric semis, known as “Demo BEV130,” which was sent to Canada around October 23, 2024, and is believed to be obstructed by ITD.
Disappointing Outcomes
ITD Industries did not respond to multiple inquiries from Clean Trucking before publication, nor did the Office of Ontario Premier Doug Ford. Lucid Motors acknowledged the inquiry but had “no comment at this time.”
The former Nikola official elaborated that ITD’s hydrogen fueling station was expected to be significant, but ultimately, it did not materialize. “ITD made a substantial investment, but it feels like nothing really happened. Some materials were delivered, but the station likely never opened.”
The central issue seems to be that while all parties had commendable intentions, Nikola’s bankruptcy effectively ended any chances for collaboration. The Ontario government viewed ITD as a reliable local partner; however, whether they conducted adequate due diligence with Nikola remains uncertain.
“At the core, Nikola needed to launch its hydrogen fuel cell truck successfully to attract investors, especially given its complicated history. While everyone else was merely testing commercial FCEV semis, we aimed to sell. Unfortunately, everything fell apart quickly.”
