Did Former Minister of Transportation, Jim Bradley Lie Re: 407 ETR Powers?


The Toronto Star posted an article on December 1st, 2009 that quoted both the 407 ETR and former Minister of Transportation, Jim Bradley, on the company’s enforcement powers.

 

The Toronto Star quoted, former Minister of Transportation, Jim Bradley, as saying, “Ontario motorists who use Highway 407 and forget to pay their bills can legally be hounded for 15 years if they don’t pay up.” 407 ETR also said, “it has the permission to pursue motorists for unpaid balances and add annual interest of 26.82 per cent for up to 15 years.”

 

Where did former Minister of Transportation, Jim Bradley get his information? Was he the one to illegally give the company permission to ignore consumer protection laws? There is nothing of the sort in the 407 Act that would indicate the company was given any special recognition in this regard.  Justice Edwards in his November 2014 ruling in Superior Court said that the company was limited to 2 years; from the time they place someone in Plate Denial, to enforce collections. So where did former Minister of Transportation, Jim Bradley get his information from? Did he deliberately lie to the public because the Toronto Star was relentless in hounding the Province about the 407 ETR’s abusive, predatory billing practices? Did he think this would stop the questions? Who knows? We are here, 6 years later and are still questioning where he got this information.

 

And what about the company’s claim that it was given “permission” to pursue motorists for unpaid balances and add interest for up to 15 years? Who gave them that “permission”? Where is it written?

 

Two weeks ago we learned that 407 ETR’s collection powers were limited to the Bankrupt Insolvency Act. The company choose to ignore the BIA for many years. This wrong was finally righted. In the Supreme Court of Canada ruling, if a person goes into a consumer proposal or claims bankruptcy, the company can no longer enforce collections by means of the Plate Denial provision.

 

It appears we will learn soon enough that the company’s enforcement powers are also limited to the Limitations Act and other consumer protection legislation.

 

Torkin Manes is defending Ira Day in a court action whereby the company, 407 ETR, has tried to enforce collections after it was lawful to do so. That case will be before the Appellate Court soon.

 

We are patiently waiting for the outcome of this case as it is expected to affect at least five times as many consumers the Bankruptcy case affected. While we wait for the other shoe to drop in this saga, the question still remains. Did former Transportation Minister, Jim Bradley intentionally lie to the public? We encourage you to write your MPP and ask them this question.

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9 Responses to “Did Former Minister of Transportation, Jim Bradley Lie Re: 407 ETR Powers?”

  1. D Murph says:

    Did Judge Edwards,not make the comment the the 407 ETR had to abide by “All” of our Canadian Laws?
    Since the Statute of Limitations Act is one of these Laws and the 15 year agreement is pretaining to a legal contract, meaning- a ownership of a Transponder, then everyone that has not owned a transponder should be set free from the illegal Plate Denial practice and the MTO should not be collecting fines that do not exsist under the Highway Traffic Act or the POA, Provincial Offences Act!!!
    After all it was a lower courts decision to use the MTO as a means of collecting bogus debt on behalf of the 407etr.
    A Private Corporation!!! Not Governed by the CROWN of Canada

    • Tammy Flores says:

      Actually it’s illegal for the company to try and contract a consumer in this way. A company is different and can be contracted this way but individual consumers can’t be forced into this kind of agreement willingly or not.

  2. TJ says:

    Just so we are clear.
    Yes the judge did make it clear that there is 2 year limitation on the debt.
    However that ruling has no teeth as he also said from when the plate is put in denial.
    That could be years as there is nothing that forces 407 to put you in denial within a specific time.
    Even if there was the 407 can still try to collect forever as the SOL only relates to using the court to obtain a judgement after 2 years.

    The judge did not say they could not use plate denial to continue to try to collect….in fact the 407 act gives them that power.

    In Ontario a debt is not cancelled due to the passage of 2 years, it only prevents a creditor from using the courts to collect.

    • Tammy Flores says:

      Just so you’re clear… that will change in the Appeal. Don’t be so negative. It’s happening, it just takes time. When Torkin Manes files their response, I will forward you via email the materials.

  3. TJ says:

    I am not quite sure where you feel that was unlawful. The law stinks no argument here but our politicians and provincial lawyers gave them the right to continue these strong arm tactics…ie plate denial long after the SOL has expired.

    Bankruptcy that is a different animal…apples and oranges.

  4. TJ says:

    Torkin Manes is defending Ira Day in a court action whereby the company, 407 ETR, has tried to enforce collections after it was lawful to do so. That case will be before the Appellate Court soon.

    A creditor has every right here in Ontario to try to collect on a debt even after the SOL has expired. They just can no longer use the court to do it.
    That leaves them with basically nothing except to hound you with phone calls and letters.
    However…the 407 act does give the 407 a tool no one else hs…Plate Denial.

    Not illegal just distastefull.

  5. D Murph says:

    Canadian Laws, supersede over Provincial Laws or Acts.
    I am certain this too will be a target of focus in any upcoming court decisions!!!!
    Regarding the illegal busines practices of the 407ETR, and the involvement of the MTO collecting unsustanciated fines on the behalf of the 407ETR’s Private Corporation.

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