Connect with us

407ETR Matters

CPPIB 40% Owner of 407ETR Slammed for Hiding Expenses‏

Published

on

By Tammy Flores
September 10th, 2014 Edition

Back in 2010, I noticed some questionable reports prior to Ferrovial selling 10% of its share in 407 ETR to CPPIB. At the time, Ferrovial owned 53% of 407 ETR, Canada’s most controversial Private-Public-Partnership (P3) that operates Highway 407. I questioned if Ferrovial “HAD” to sell part of their very profitable shares because of our foreign ownership rules on our infrastructure. I never really did get an answer to that. However, fast forward to 2014 and you have SNC Lavalin reporting the same thing and CPPIB is very much interested in scooping up those shares too.

To me the deal didn’t make any sense because Ferrovial was reporting it “HAD” to sell 10% of its share in the highway and our CPPIB paid 25% more than what the experts thought the company was worth. For a company that “HAD” to sell 10% of its shares, why did CPPIB pay more than the highway was reported to be worth? Talk about your fancy accounting to support private business profits, on a highway that was a very much needed piece of infrastructure for the public.

I can’t speculate on the whys, but what I can tell you is that there is still much finagling going on. J. Robert S. Prichard is Chair of the Board of Directors for Metrolinx, the government agency that was formed to improve the coordination and integration of all modes of transportation in the Greater Toronto and Hamilton Area. He was given the position of President and CEO of Metrolinx in 2009 and served in the role of Chairman shortly thereafter. Also, he just happened to have been appointed the Chairman for the law firm Torys LLP. on August 31st, 2010. Never having to have had to article, he started serving there as a lawyer for the first time in his career at the age of 61. Since graduating law school in 1974, he went on to further education and eventually taught law at Yale, Harvard and the University of Toronto, served as Dean of Law at the University of Toronto in 1984 and became President of the university from 1990-2000. He also served as president and CEO of Torstar Corporation (The Toronto Star) from 2000-2009 and served on several other boards. A very busy man indeed! There is no question about it; Mr. Prichard’s resume is outstanding. He’s one smart cookie.

Torys LLP is a law firm that specializes in international business. Mr. Prichard took over former Premier Bill Davis’ role at the law firm. Torys LLP was behind CPPIB’s purchase of shares in 407 ETR and some of its partners are serving on the Canadian Council for Private-Public-Partnerships, a non partisan, not for profit organization whose mission is to promote innovative approaches in infrastructure development and service delivery through P3’s with all levels of government. Ironically, the Council is a proponent of facilitating the adoption of international best practices. My question is where the heck have they been in the mess 407 ETR has caused? Furthermore, how do they feel about law firms such as Slaght Royce Smith Griffin LLP, that would rather “bet the company” in a very high risk litigation than make sure best practices are followed while administering one of the most controversial P3’s in Canada’s history?

Headlines this past week in The National Post were about how CPPIB’s operating expenses are actually three times more than what they report. They can finagle about definitions for expenses and bury literally hundreds of millions of dollars in consultancy fees, federal government management and transaction fees. For some time now, the media has been reporting about the fears that our CPP won’t be there for us when we retire. To add insult to injury, now the Province of Ontario wants to take a page out of CPPIB’s book and form its own pension.

Far be it from me to criticize someone getting paid for a job well done, BUT when you have reports like this with our pension and reports that Metrolinx is bleeding money you have to start to question the people that are actually the puppeteers… the ones pulling the strings… and ask what’s up with that?

Continue Reading
Advertisement
Click to comment

Leave a Reply

Your email address will not be published. Required fields are marked *

407ETR Matters

Diplomacy Doesn’t Work with 407 ETR

Published

on

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.

Continue Reading

407ETR Matters

407ETR Asks Us to Do Them a Favor

Published

on

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.

Continue Reading

407ETR Matters

407 ETR Sends Out a “Discretionary Interest Adjustment”

Published

on

BY TAMMY FLORES

I got home from work last week to open an invoice from 407 ETR for one of the three accounts the company opened in my name that showed the previous balance of $7,240.12 had been reduced by $5,610.40. The invoice gave no explanation why other than to say, that it was to “assist” me in settling my account. It’s called a “discretionary interest adjustment” and the company claims on the invoice that no further interest will be added.

So I called 407 ETR right away to see what it was all about. I was told in 2012 that there was nobody that could assist me in settling my account because I had exhausted 407 ETR’s dispute process. Fast forward to 2016 and now, after sixteen years of mismanaging my accounts, 407 ETR says they want to help me settle my accounts.

After a forty minute conversation with CSR Curtis, someone pointed out that this new provision was on their website. I soon realized that what was said on the invoice was not the true intent of the company.

“In 2016, 407 ETR introduced a discretionary interest suspension practice for delinquent account balances of qualifying customers. Specifically, on qualifying accounts, interest is no longer being charged on unpaid amounts invoiced more than five years ago. 407 ETR determines the eligibility criteria for interest suspension and may change the eligibility criteria at any time in its sole discretion. At any time, 407 ETR reserves the right to stop interest suspension and resume charging interest going forward on all amounts owing. Amounts which are eligible for interest suspension will not incur further interest charges, but will remain outstanding until paid in full and are subject to licence plate denial and all collection remedies available to 407 ETR. Any amounts not qualifying for interest suspension will continue to be charged interest. Any new usage or charges will also be subject to interest. 407 ETR payment allocation rules apply to all accounts, including accounts which benefit from interest suspension. Specifically, any payments will be applied against the oldest amounts owing until the balance is paid in full. https://new.407etr.com/en/help/general/faq-howbillswork/faq59.html

407 ETR is like a bully on the playground nobody likes. The company doesn’t say what qualifies for this “adjustment” but goes on to say that the eligibility can change at any time they want it to, even stopping the interest suspension and resume charging interest going forward on all amounts owing.

Here’s the forty minute call I had with them. It’s in Google Drive so you have to be logged into your Google account and use google player to hear the conversation. The conversation is very frustrating because they just keep saying you owe because it says so on the screen. https://drive.google.com/file/d/0B4Ev5DuapM5dRnVaNnYwREttYzg/view?ts=571a4157

CSR Curtis denies the company made any mistakes. He goes as far as to say he would be on my side 100% if he had the facts, but when I told him I could send him the facts, he didn’t want them because the company would accuse me of doctoring the invoices.

I showed him how I accused the company of doctoring invoices in a letter from 407 ETR’s very own Ombudsman. The letter said that the company didn’t doctor the invoices, but merely updated the account. Curtis said he didn’t believe me and didn’t have that particular letter… convenient eh? He went on to say that the company didn’t make any mistakes and I own all the mistakes. After sixteen years, they still cannot provide me with all the photographic evidence that tolls occurred, but I still somehow owe them money for undocumented tolls and cannot legally license a vehicle in the Province of Ontario.

CSR Curtis is an unbeliever. He does not believe what I had been saying about 407 ETR all these years. At minute mark 31:34 he actually said that if what I was telling him was true, they should be in jail. He’s right; they should be in jail for what they have done to me and so many other people.

While this new provision of a “discretionary interest adjustment” may appear to be that the company is learning from their mistakes and trying to play fair, when you look beneath the surface it’s the same old song, just put to a different tune. Will the Province ever do their job and act for what’s in the best interest of consumers? Don’t hold your breath waiting.

Continue Reading

Trending