By Tammy Flores
June 4th, 2014 Edition
I have to say, my blood has not boiled over, EVER, so much as it has reading 407 ETR’s submissions to the Supreme Court of Canada. Have they no dignity? This is a waste of taxpayers’ money, for this highly esteemed court, to be even called upon to entertain this company’s stretch of imagination. 407 ETR has to be one of the most arrogant companies I have ever encountered, in my life. How disrespectful this company is to the people they are supposed to serve with their “product”. This company is putting themselves in the shoes of the Province, talking as if they have the authority to speak for the Province. Who gave them that authority?! What law gave them that authority?! THERE IS NO SUCH LAW!!!!
According to the Concessions Agreement between the Province and 407 ETR, it is clearly written in Sections 1.17,2.11 and 3.1 that 407 ETR is to adhere to ALL laws and regulations in force when operating the Highway. The Concession Agreement defines those laws as the laws of Canada and Ontario. THIS IS IN PLAIN LANGUAGE! If the Legislature intended to provide 407 ETR with an exemption from any Canadian or Ontario law, it would have explicitly stated so in the Concession Agreement or the 407 Act. NO SUCH CLAUSE EXISTS!
407 ETR IS NOT A REGULATORY BODY! It’s a company that provides a service to its customers and profits to its shareholders. If you don’t pay your 407 bill, it is not a Provincial Offense. Please refer to the article on how it is they have this unique ability to deny a person’s plate http://407etr-abuseofpower.com/index.php/407-etr-fees-interest-are-not-fines%e2%80%8f/
Just because 407 ETR has the unique ability to compel the Ministry of Transportation to deny your plate for non-payment, it doesn’t mean that they are without scrutiny for how they apply for that unique privilege. This is something that is missing and needs to be addressed. This privilege ought to be taken away from them because of their arrogance. Very minimally, this privilege of theirs needs more regulations to avoid the type of predatory behavior this company is notorious for!
The 407 Act and the Regulations as they stand now, contain a dispute and appeal process to an arbitrator which can provide relief to contest the liability for paying tolls and additional charges on any of the following exclusive grounds:
(a) the toll was paid in full;
(b) the amount of the toll was incorrect;
(c) the vehicle, the numbered plate or the toll device registered to the person was lost or stolen at the time the toll was incurred; or
(d) the person is not the person responsible for the payment of the toll under subsection 13(1).
Besides the fact that Arbitrators need more jurisdiction… more relief measures in place… because of this company’s blatant disrespect for the Ontario public, the Province hasn’t even been able to ensure that Arbitrators are available to handle the narrow grievances listed above. The Lieutenant Governor’s office appoints Arbitrators each and every year, however, the public has not been successful in using them. This company has blatantly ignored this provision in the Act and has pushed people, blindly, through their self-serving, internal dispute process that is NOT FAIR and does not recognize the 4 narrow points listed above. ATROCIOUS BEHAVIOR!
Now the 407 ETR is trying to hide behind legislation designed for the Province if it had a problem with jurisdiction?! Let me be the first to emphatically say that if the Province thought that their jurisdiction was being questioned or compromised, it would have made itself party to this application. THE PROVINCE DID NOT! So how can the 407 ETR actually have the nerve to speak as if it is standing in the shoes of the Province?! DISGUSTING! I am so fed up with this company’s arrogance!
On behalf of the thousands of victims to this company’s predatory behavior I make an appeal, through this article, to the Supreme Court of Canada to please, put this company in its place! We are tired of their abuse of process, winsome words and disrespect. The 407 ETR themselves in #53 of their submission said “The Ontario Legislature has the undoubted power to set the terms for issuing vehicle registration permits”. We agree and want the Province to do just that. The fact that the Province has remained silent in this matter says more than many words. 407 ETR IS OUT OF LINE!