Superintendent of Bankruptcy and Class Action Lawyers Appeal 407ETR Bankruptcy Decision‏

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This article can be found in the Wednesday, June 19th, 2013 edition of the Toronto Caribbean on page 21 you can picked up in over 300 Caribbean establishments throughout the GTA or you can download it for free here


June 10th, 2013 saw the Superintendent of Bankruptcy and Class Action Lawyers appeal the Moore vrs. 407ETR bankruptcy case.  I have to say, as I sat there listening to 407ETR lawyers, I was in disbelief with the arrogance they portrayed.  Perhaps I shouldn’t be in such disbelief because what we have seen this company pull off has been quite … remarkable.

I really appreciated Justice David Doherty opening questions.  It instilled confidence in me that he, Justice Janet Simmons and
Justice Sarah Pepall may understand the issues.  The gist of his questioning was where’s the Province?  He is not wrong in his questioning.  I have been saying for years that this is the Province’s mess to clean up.  However, because this is a very simple case of a business that is ignoring the Bankruptcy Insolvency Act, the Province has chosen not to be party to it.
But that didn’t stop 407ETR lawyers from speaking like as if they were representing the Province.  One question swirling around was weather or not there was some public policy to protect?  I am sure that question was swirling around due to 407ETR’s submissions.  I want to have confidence that the 3 Justice’s sitting there listening to 407ETR lawyers could read between the lines and realized that if the Province felt there was a public policy to protect, then they would have made themselves party to the appeal to protect it.
I say “I want to have confidence” because what 407ETR has been allowed to get away with has shaken my confidence.  Personal and political agendas trump doing the right thing.
407ETR had the audacity to speak as if  previous decisions made with respects to bankruptcy was old school and that there was a new way of doing things and the courts had to catch up with the times.  We have come to expect that kind of behavior from this company, but that doesn’t mean we have to accept it.  They believe they are special and the rules don’t apply to them.
407ETR’s position was clear.  They were trying to create a new type of debt. 407ETR’s claim was that as a creditor, denying a person’s plate gave them the option of not extending credit to someone thereby protecting their business.  Of course this is absolutely ridiculous considering the agreement they signed with the Province was one by which they were to allow the public access to the highway.  There are other issues to consider as well, but I will save that for another article.
A great way to sum up the whole day of submissions was when Justice David Doherty asked Class Action lawyer, David Thompson, what he would say to the respondent since there is a justification in keeping 407ETR viable.  After all, they signed an agreement that required them to extend credit to anyone that shows up.  David Thompson’s response, “Tough… you made your deal” and that in a nutshell is the whole point.  407ETR knew full well what they were getting themselves into when they signed the agreement with the Province.  For them to be pushing the boundaries now, after the fact, is outrageous.
The Superintendent of Bankruptcy lawyers had a few gems I would like to share, but that will be in a different article.


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17 Responses to “Superintendent of Bankruptcy and Class Action Lawyers Appeal 407ETR Bankruptcy Decision‏”

  1. Derek says:

    So it appears nothing has come of the case? In whose favor did they rule?

    • Tammy Flores says:

      We are waiting for their decision.

      • Derek says:

        oh ok. Im interested because I’m in same boat. Filed bankruptcy over 5 years ago (407 bill at the time was maybe $3200) Just a couple weeks ago, a bill showed up at my door for almost $16,000! Currently its adding about $350 a month in interest, these guys are clowns, and crooks. They are not getting a cent of my money, ever. I have found other ways to get around the lame plate denial, like that’s going to make me pay up.

        • Tammy Flores says:

          I am hopeful the other abuse of process issues get reveal. They ignore statute of limitations, continue to add on the interest when they place someone in collections and suppress bills for years to accumulate interest, there generally is no documentation that would prove their claims are legal, but yet somehow MTO can justify this by saying we only monitor to make sure it appears that 407ETR abides by the 407 Act. Absolutely ridiculous!

        • S.O says:

          Hi Derek
          how did you go about the plate denial.
          i m also in the same boat filled bankruptcy and now required by 407 etr to pay the charges with outrageous interests
          I ll send u my email addy

  2. James Lema says:

    To Tammy,

    What is the verdict? My mother declared bankruptcy over 5 years ago. How does she get this 407 bill waved?

    Good job on helping the general public getting scammed by these money sucking vultures.

    Please get back to me asap.


  3. t singh says:

    Tammy do you know what the verdict is? Very interested.

    • Tammy Flores says:

      We are still waiting… patiently.

      • TJ says:

        Hi Tammy:

        Still nothing?
        What about issue of SOL…anything new there?

        • Tammy Flores says:

          TJ, we are still waiting. I have been exploring the Statute of Limitations issue. A member in the group just sent me a recent Class Action Settlement I am looking at re: Groupon. I am not giving up. This company will have to follow the laws here and the government will have to legislate them into it.

  4. TJ says:

    I have searched all over the net….,so far I have found nothing.
    Except any amount owing prior to 2004 falls under a Specialty debt and has a 20 year SOL.

    • Tammy Flores says:

      The 407ETR claims they are special, but as far as I understand and am told, there is nothing legislative to support 407ETR’s claim.

  5. MIKE says:

    Drea sir/mam, i am intending to lunch a one million dollar lawsuit aginst 407 ETR. Please contact me at 705-931-2600

  6. MIKE says:

    please contact me at 705-931-2600

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