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407ETR Matters

407ETR MATTERS: Appeal Court Rules 407 ETR Debts are Discharged & MTO is to Reinstate Plate

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By Tammy Flores
January 1st, 2014 Edition

There has been some exciting developments for those that support reining in 407ETR’s abuse of power. For about 3 years now, the group, Stop the 407ETR’s Abuse of Power, has highlighted the need to regulate how 407ETR uses the provision of the Plate Denial process. It seems the group may be gaining momentum.

The Appeal Court of Ontario has ruled in the case between the Superintendent of Bankruptcy & 407ETR that the discharge of Moore dated June 21, 2011 released him from all claims provable in bankruptcy, including the debt of the 407 ETR and that the Ministry of Transportation is hereby directed to issue license plates to Moore upon payment of the usual licensing fees.

In the 45 page ruling by Justices Doherty, Simmons and Pepall, they declared that s. 22(4) of the 407 Act is inoperative to the extent that it thwarts the purpose of providing a discharged bankrupt with a fresh start.

We are still waiting on the lawyers comments on what this means for the Class Action lawsuit that was launched, April 27th, 2012, against 407ETR on behalf of people that claimed bankruptcy and 407ETR did not acknowledge their discharge. In the meantime, people everywhere can take this ruling as a sign of change for how this company has been conducting itself since securing a 99 year lease, on this highway, in 1999.

I have been critical regarding the lack of will from our political leaders to regulate how this company uses Plate Denial, however, I want to take the opportunity to thank the Province for not advancing the notion that collection of 407 ETR debts from a bankrupt person, is in the public interest. 407ETR made the claim that the collection of debts arising from the use of Highway 407 is in the public interest, as well as in ETR’s interest, so as to ensure that the public private partnership flourishes. I can agree that this is true for toll collection, however, 407ETR is not just collecting on legitimate tolls.

I think there is a glimmer of hope that the Province is not pleased with the business practices of 407ETR, using Plate Denial as a means of collecting against bankrupt persons in our society.

One can only hope that the Province is also not pleased with how 407ETR uses Plate Denial to collect unproven, questionable debts. Thousands of people in the Province of Ontario have experienced this company’s lack of respect for established laws. For example, not only have they been ignoring our Federal Bankruptcy laws, but also, the Statute of Limitations.

This company claims that, they don’t have to send you a bill in a timely manner and that it doesn’t matter when you receive a bill from them or what details are on the bill. If they say you owe, you owe and they don’t have to provide any proof whatsoever behind their claim. They use the Plate Denial process as their means to collect. Consumers are at their wits end with this company.

They claim that they can accumulate interest charges (in many cases on phantom toll charges) and collect for up to 15 years. So if you have never received a bill from this company, but out of the blue, you all of a sudden receive a bill for an outrageous amount of money… it doesn’t matter as long as they claim you received it within the 15 year window. We have yet to see this challenged in court. We are hopeful that the Province doesn’t need another court case before they act on what is obviously an abuse of process by 407ETR on how they are using the provision of Plate Denial. The Province can and should regulate the use of the Plate Denial process.

This company’s shady business practices include an invoice suppression scam, usury rates of interest charges, wonky fees, as well as circumvention of the legislative process re: independent arbitrators.

Is it wishful thinking on our part to expect the Province to regulate how this company uses Plate Denial? Perhaps. But it is our hope that the Province will start to listen to us regarding the need to regulate how this company uses the Plate Denial provision.

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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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