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407ETR Matters

The Fight to Reign in 407 ETR Continues

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BY TAMMY FLORES

An open letter to: Minister of Transportation, Steven DelDuca.

In response to my repeated plea for you to intervene in the 407 ETR fiasco, January 18th, 2016, Ministry of Transportation Analyst, Chris Conroy stated “it is unclear on what grounds the Minister of Transportation would have to take action against the private company”.

Mr. DelDuca, perhaps if my repeated questions were answered on the responsibilities the Ministry has to hold 407 ETR accountable for ignoring consumer protection laws and my questions surrounding who gave 407 ETR permission to legally hound drivers and charge fees and interest for up to fifteen years and where that permission is written, I think we can better understand how you, the Minister of Transportation, can take action against a private company that keeps ignoring consumer protection laws.

Mr. Conroy said, “while I appreciate your ongoing concerns and feelings that you have not been provided with adequate responses, it is clear from the repetition of your enquiries that the information already provided by the Ministry of Transportation remains unacknowledged.”

In my email to the Ministry of Transportation, January 7th, 2016, I said, “you gave answers that DID NOT address the responsibilities the Ministry has to hold 407 ETR accountable for ignoring consumer protection laws”.

Mr. Conroy’s statement is incorrect. I acknowledge that the Ministry of Transportation gave me information; however the information provided didn’t answer my questions on the responsibilities the Ministry of Transportation has to hold 407 ETR accountable for ignoring consumer protection laws.

I can go back in the e-mails between myself and the Ministry of Transportation over the years and point out how the Ministry of Transportation put me off to the Ministry of Consumer Services because it was felt my “repetitive inquiries” would be better suited for them to answer. The Ministry of Consumer Services passed the buck back to the Ministry of Transportation. They said the Ministry of Transportation is the regulatory body and as such, the responsibility falls under the Ministry of Transportation’s jurisdiction to address this. To date, I still have no answer.

Mr. Conroy says, “The Ministry of Transportation has yet to receive evidence, other than your repeated general assertions, that it has failed to comply with applicable laws.”

What does listing the responsibilities the Ministry of Transportation has, to hold 407 ETR accountable for ignoring consumer protection laws, have to do with assertions that the 407 ETR failed to comply with applicable laws?

407 ETR agreed they would follow all the laws of Ontario and Canada when they signed the agreement to build and operate Highway 407. Most definitely, 407 ETR ignored the Bankruptcy and Insolvency Act for many, many years. This is not an assertion. An assertion is a positive statement or declaration, often without support or reason. The most recent Supreme Court ruling demonstrated that the company was not exempt from the Bankruptcy and Insolvency Act. 407 ETR DID NOT comply with the Bankruptcy and Insolvency Act for many years. My statement that they ignored consumer protection laws is not an assertion. It’s a fact!

Why isn’t the Ministry of Transportation prepared to see this as a failure, on 407 ETR’s part, to comply with applicable laws?

Accusing me of “general assertions” doesn’t negate the fact that the Ministry of Transportation has a responsibility to hold 407 ETR accountable for ignoring consumer protection laws.

The Ministry of Transportation has failed to answer my question regarding what responsibilities the Ministry of Transportation has to hold 407 ETR accountable for ignoring consumer protection laws.

Mr. Conroy said, “You ask about former Minister of Transportation Jim Bradley’s comments, which you have indicated asks 407 ETR to comply with applicable laws.”

This statement is incorrect. In my November 23rd, 2015 and December 2nd, 2015 and January 7th, 2016 e-mail, I pointed out former Minister of Transportation, Jim Bradley’s comments in a Toronto Star article from December 1st, 2009 where he said, “Ontario motorists who use Highway 407 and forget to pay their bills can legally be hounded for fifteen years if they don’t pay up.”

I also made reference to the company’s comments that they had permission to do this. While former Minister of Transportation, Jim Bradley’s comments do not address the predatory business practices the company continues to entrap the public with, I still want to know where he got his information and where it is written. I also want to know who gave the company permission to hound people for fifteen years. 407 ETR said they were given permission to conduct themselves in this way. Who gave it to them?

I pointed out, in my many communications with the Ministry of Transportation, that I wanted answers because I have been essentially left in debtor’s prison, through absolutely no fault of my own and the province doesn’t seem to give a damn.

My questions on the former Minister of Transportation’s comments remain unanswered.

I acknowledge that Mr. Conroy responded to this question by saying “As mentioned previously, the Ministry of Transportation has yet to receive evidence, other than your repeated general assertions, that it has failed to comply with applicable laws. You mention specifically the court decision regarding the limitations period. As explained previously, this statute limits the period of time during which a party may commence court proceedings in Ontario in respect of a claim. Please note that the Limitations Act, 2002 specifically states that it applies to court proceedings. The Limitations Act, 2002 does not address or relate to plate denial. We have not received comments from members of the public that 407 ETR commenced a court proceeding against them outside the two year limitations period.”

But again, this does not answer my question on who gave the company permission to conduct themselves in this manner. Nor does this answer where former Minister of Transportation, Jim Bradley, got his information.

Who gave 407 ETR permission and where was that permission written that enables the company to legally hound drivers and charge fees and interest for up to fifteen years?

Since nobody at the Ministry of Transportation has been able to answer my questions, I am appealing to you. I feel the answer to these questions will assist the Ministry of Transportation’s ability to intervene in the 407 ETR fiasco.

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1 Comment

1 Comment

  1. Banitta

    March 15, 2018 at 12:27 pm

    Has any progress been made with this issue of Plate denial and ancient 407 debt?

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407ETR Matters

Exploring environmental racism and its impact on Indigenous, Black, and other racialized communities

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Photo Credit: Drazen Zigic

BY KAHA G.

The Canadian Senate’s recent passage of legislation to address environmental racism marks a significant milestone in Canada’s pursuit of environmental justice. The Environmental Justice Strategy Act requires the government to explore how racial and socio-economic factors influence environmental risks and create a national strategy to address environmental racism. This development has generated widespread celebration among advocates for: social justice, environmental protection, and public health.

To understand the significance of this milestone, it’s essential to know what environmental racism is. Environmental racism refers to the placement of harmful industries and environmental hazards in: Indigenous, Black, and other racialized communities, which also have less access to environmental benefits. For a more general definition, the US Environmental Protection Agency defines environmental justice as ensuring all people have equal protection from environmental hazards and equal access to decision-making for a healthy environment.

With that covered, let’s go into the facts. The Environmental Justice Strategy Act requires the Canadian government to explore how racial and socio-economic factors influence environmental risks. It will also create Canada’s first national strategy on environmental racism and environmental justice. This follows a 2020 UN report that highlighted how marginalized groups, especially Indigenous peoples, face unacceptable environmental conditions compared to other Canadians.

Nearly 30 years ago, the United States initiated a similar environmental justice program. Canada’s new law aims to establish equivalent protections. Dr. Ingrid Waldron, a leader in studying environmental racism, stressed that better data collection is essential. She noted that the formal data on environmental racism in Canada is incomplete, leading to a lack of comprehensive understanding of the issue’s severity. According to Dr. Waldron, without proper action, the negative impacts on people’s health and well-being will persist.

Passing the Environmental Justice Strategy Act is a significant step in acknowledging and addressing environmental racism in Canada. The next task is to develop a strategy that reflects the experiences and needs of those most affected. Advocates emphasize the importance of involving these communities in creating effective solutions and call for the government to provide adequate funding for these initiatives.

Bill C-226, which started as Bill C-230, was reintroduced and supported by key political figures, including MP Elizabeth May and Senator Mary Jane McCallum. Its passage was celebrated by several groups, such as: the Canadian Coalition for Environmental and Climate Justice (CCECJ), Environmental Noxiousness, Racial Inequalities and Community Health Project (The ENRICH Project), Black Environmental Initiative (BEI), Breast Cancer Action Québec (BCAQ), Canadian Association of Physicians for the Environment (CAPE), etc.

Before I end this article, I would like to share a quote from one of the group’s reactions to the bill, specifically the Breast Cancer Action Quebec (BCAQ)

“Breast Cancer Action Quebec is thrilled that the Senate has passed the Environmental Justice Strategy Act. And we are even more impressed by the determination of Dr. Ingrid Waldron and her decades long fight to require Canada to formally reckon with its perpetuation of environmental racism. Every day brings examples of corporations egregiously polluting with impunity the air, water and soil of neighboring communities that are most often Indigenous, racialized or low-income. Now Canada will have to map and answer for this treatment.” 

The passage of the Environmental Justice Strategy Act marks a significant milestone in Canada’s pursuit of environmental justice. By acknowledging and addressing environmental racism, Canada can create a healthier and more just environment for all.

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407ETR Matters

Diplomacy Doesn’t Work with 407 ETR

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BY TAMMY FLORES

We have heard many stories in the media whereby 407 ETR incorrectly billed people due to 407 ETR’s equipment failure. Double billing, not recording the entrance or exit and misread plates seem to be the main issues with 407 ETR’s equipment. Generally, if one of those stories hits the media, the company is very quick to save face, apologize for their mistakes and right their wrongs. But what happens when they try and charge the person the company claims actually owns the charges?

You have read about my case in the past few articles. The company refuses to prove any lawful charges occurred and feels entitled to thousands of dollars in fees and interest. No matter how much you protest that the company made mistakes and had many opportunities to make it right but didn’t, the company says you owe whatever they say you owe. That is not fair at all and I hope to find a lawyer to take these guys on once and for all.

Generally speaking, it’s a business decision whether or not to sue. It’s comes down to dollars and cents. What costs more, the bill or a legal defense? That’s why some issues should be a Class Action or you need to find a lawyer that will sue on contingency. When you are doing something that benefits the public, this is the fair way forward, but it’s difficult to find a lawyer that can handle the risks associated to this kind of a lawsuit.

In all my attempts over the years to resolve my issues with 407 ETR, the company kept giving me false information and tried to justify their behavior. They never accepted their mistakes. They never attempted to right their wrongs. They continue to keep me in Plate Denial in an effort to extort thousands of dollars that is not owed to them.

My most recent communications with 407 ETR’s internal Ombudsman’s office was short and sweet. They refused to answer any questions and just tried to brush this off like I was going to go away and just pay because they said so. Those who know me know that will never happen. This company will never receive another penny out of me… and not just because pennies don’t exist anymore. They won’t receive any money because I don’t owe them any money.

I have decided to move out of Province because I no longer want to live in a Province that prop’s up a company like this. I will then be able to own my own vehicles and put the shenanigans of this Province behind me. This is going to be my last article in the Toronto Caribbean Newspaper. I will be posting to the Stop 407 ETR’s Abuse of Power website from time to time, but this is the only way for me to win against this bully company. Thanks for reading all these years. I wish you all the best.

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407ETR Matters

407ETR Asks Us to Do Them a Favor

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BY TAMMY FLORES

In my last article, I spoke about how 407 ETR started to send out what the company is calling a “discretionary interest adjustment” http://407etrabuseofpower.com/index.php/407-etr-sends-out-a-discretionary-interest-adjustment/. In the article, I posted a forty minute call I had with one of the company’s customer service representatives.

Last week, I got a call from Kevin Sack. Kevin Sack is 407 ETR’s Vice President of Government Relations and Communications. He said he was calling to ask me to do something for the company. Although I remained silent in the conversation, in my mind I was saying, “are you freaking kidding me?” He wanted me to remove the phone conversation I had with the company’s customer service representative. I told him that if the company would treat me fairly I would, but because they still won’t deal with me, I am leaving it there and now I am releasing the phone call I had with Kevin Sack. https://youtu.be/RnPFDRyGyos

In North Carolina, they have a policy that addresses when toll bills should be mailed. GS 136-89.214 has been around since 2013, and the ninety day rule has been in place since then. It currently reads as follows: “If a motor vehicle travels on a Turnpike project that uses an open road tolling system and a toll for traveling on the project is not paid prior to travel or at the time of travel, the Authority must send a bill by first class mail to the registered owner of the motor vehicle or the person who had care, custody, and control of the vehicle as established under G.S. 136-89.212(b) for the amount of the unpaid toll. The Authority must send the bill within ninety days after the travel occurs, or within ninety days of receipt of a sworn affidavit submitted under G.S. 136-89.212(b) identifying the person who had care, custody, and control of the motor vehicle. If a bill is not sent within the required time, the Authority waives collection of the toll. The Authority must establish a billing period for unpaid open road tolls that is no shorter than fifteen days. A bill for a billing period must include all unpaid tolls incurred by the same person during the billing period.”

In other words, if their tolling authority doesn’t send a bill within ninety days, they waive all tolls. That seems fair to me, but 407 ETR doesn’t see it that way. They falsely believe they should be able to get thousands of dollars in interest and fees for their mistakes and when you tell them you aren’t paying for their mistakes, they place you in plate denial. You no longer can drive a vehicle. How is that fair?

Had the Province of Ontario developed a policy like North Carolina’s, it would have prevented the predatory practices 407 ETR has been accused of for so many years. My group would never have been necessary. While I do really believe Mr. Sack when he says the company has heard my concerns, I am puzzled as to why they don’t just treat me fairly. I know the company has heard me because I see the changes the company has made and while it’s a positive step forward, there’s still more work to be done. They still need to deal with me. But so far the company is burying their head in the sand. They think leaving me to languish in plate denial forever that someday I am just going to pay some fictitious bill. After all of these years you would think they would realize that I am not paying them anything and apologize for their mistakes. Not this company. They will never surrender and neither will I. We will be in a stalemate forever.

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