407 ETR Ignores Consumer Protection Laws and the Province Does Nothing

Between 2005 and 2007, the Ontario Superior Court of Justice, made decisions that gave 407 ETR the idea that it was OK to ignore consumer protection laws. Those decisions now affect thousands and thousands of people negatively in the Province of Ontario and it’s about time these wrongs were made right by the Province. The Province can and should intervene in 407 ETR’s abuse of power. The contract 407 ETR signed said the company had to follow all the laws of Ontario and Canada in its operations. Do the lower court rulings make Consumer Protection laws null and void? The short answer is no and instead of doing nothing, the Province should act.

In 2005, 407 ETR took the Province to Court and won. In the lower court decision, the case essentially gave the company the right to charge whatever it wanted. The company has exploited this to the full and arrogantly refused to provide documentation to back up their claims for thousands and thousands of dollars, to unsuspecting victims, because they say they can charge whatever tolls, fees and interest they want and it doesn’t matter when they send out an invoice to collect. As long as one is sent out that is all that matters and the details are not necessary.

In 2007, 407 ETR took the Province to Court and won again. This time the Court gave the company the right to place a person in Plate Denial without proving lawful charges. The Court told the Province they have to blindly honor the company’s request. The company exploited this to the full as well because it was now up to the consumer to prove why they shouldn’t have to pay whatever the company was charging them. Kind of hard to do that when the company didn’t bill you correctly to begin with because, according to the company, the details are not necessary. The only thing that matters is that they are billing you now and you have to pay if you want to be able to license a vehicle.

Both of these cases, allowed the company to continue arrogantly in its abuse of power until recent court decisions brought them to a screeching halt.

In two landmark decisions, the Supreme Court of Canada upheld the Bankruptcy and Insolvency Act and the Superior Court upheld the Limitations Act. Both statutes cover the way a business is to conduct themselves in the face of consumers that find themselves in financial troubles. One could ask, what about the Charter of Rights and Freedoms and our ability to travel freely within our own country and Province? What about the Consumer Protection Act and the Collection Agencies Act? If 407 ETR failed to act within the 2 year period it had to act within, why are they allowed to keep people in debtor’s prison forever until they pay whatever usury amounts the company claims is owed to them? Why is the company still in control of who and when someone is placed or released from Plate Denial?

I am sure all of these questions will be answered in time, but the Province can simply change the 407 Act and make it clear to the company, in plain language, that they have to follow consumer protection laws.

Unfortunately, so far the Province has chosen to say that their hands are tied and there’s nothing they can or will do about it.

This is why actions before the courts are so significant. It produces evidence that the company has been ignoring consumer protection laws. Is that not a violation of their contract? After all, they promised to follow all the laws in Canada and Ontario in their operations. In the face of mounting evidence, how much longer can the Province say their hands are tied? Hopefully, they will intervene soon.

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3 Responses to “407 ETR Ignores Consumer Protection Laws and the Province Does Nothing”

  1. MZ says:

    My guess would be that government bureaucracy and politicians simply admire the 407 etr’s ability to plunder the pocketbook of the citizens. Its a capability that they envy. Stop it… ha. They want to duplicate it.

    • Tammy Flores says:

      I just think there is enough evidence before the courts now for them to intervene. It’s obvious that the company not only ignores consumer protection laws, but is now in contempt of court by not addressing consumer proposals. This company doesn’t need it spelled out to them, but act like they do. They did their due diligence. They know what the laws are that must be complied with. This is simply outrageous and I think some people should start going to jail.

  2. D Murph says:

    I believe, that someone, meaning;The RCMP or A good Lawyer, should locate the lower court judge from 2005, that ruled in favour of the 407 ETR a “non Crown”, “Private Corporation”.
    Thus, allowing the Private Corporation of the 407 etr to Extort the Consumer and People of Ontario by way of submitting false claims to the MTO to collect on aledged debts. Which in turn are labeled “FINES” that DO NOT exist.
    Since this Judge of the Lower Courts, was acting against Ontario’s Laws and Canadian Laws for a Private Entity of the 407 ETR!!!
    He should be sent to jail, firstly, as it is Criminal to abuse any Authoritative postion, in this manner, in Canada.

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