Supreme Court of Canada to Hear 407 ETR’s Appeal

Update: May 8th, 2014 the Supreme Court of Canada agreed to hear 407 ETR’s appeal. It’s expected that the court will hear the case 9-12 months from now and then take a further 6 months to decide. To keep up to date with the progress of the case please go to Scarfone Hawkins’ website

When I decided to stick with this issue in 2010, I had no idea what I was getting myself into. Here we are 4 years later at the country’s highest court and some how this company is able to get a sympathetic ear for breaking the law, while thousands of vulnerable, marginalized people are being exploited, relentless by this corporation.

On a positive note, the intervener’s are permitted to put in a motion to intervene on the Appeal.  The Supreme Court declined their intervention on the Leave, but made allowance for them to motion to intervene on the Appeal. We are hopeful that the Supreme Court will allow them intervener status despite the fact that 407 ETR doesn’t want it. As reported yesterday, 407 ETR wants to make this about one case. The case they had with Matthew Moore whereby the company gave him a handsome settlement to buy his silence.

Despite the outcome next year, I want to take the opportunity to thank the Superintendent of Bankruptcy and Intervener’s for fighting valiantly to make it about everyone this company affects. The Intervener’s have not been paid any money for their work. We are thankful they are fighting for us. We can’t do this without them. They deserve our utmost respect. They are representing the voices of thousands before the courts and I hope the Supreme Court of Canada hears all those voices.

407 ETR was able to be granted a Stay because they complained that they will be harmed if they are made to fix their billing system. You know, the billing system that has caused all the problems to begin with? They inflicted self harm onto themselves, but somehow they will say it’s not their fault. They also know their case is weak, but yet, they are purposely frustrating the Bankruptcy Insolvency Act and the people that are supposed to be protected by it. What about the thousands of lives this company has affected? Do they matter? This company has been willfully and knowingly breaking the law for many, many years. The door has been open for them to make the necessary changes to their billing system, but they choose to arrogantly refuse claiming that they don’t have to because they are somehow special. They are not a regulatory body and failing to pay your toll is not a Provincial Offence. We don’t support people that willfully evade tolls. If you drive on the highway you should pay your toll, the problem is that this company doesn’t just charge people tolls. But that’s for another case and another time.

This court case for the company is about them getting the same status as a Provincial Regulatory Body. Our regulatory bodies follow the rules and makes changes as needed. This company doesn’t deserve anymore power. They haven’t been responsible with what has been given to them. If they are given the same status as a Provincial Regulatory Body nothing will bring them into balance. I maintain that 407 ETR’s argument is disrespectful to the people in this Province Please refer to my article that explains how the company is not a regulatory body

In closing, this multi million dollar corporation can absorb any changes and restitution they have to pay for their mistakes. The people that have been affected by this company’s behavior make at most between $30,000 – $50,000/year. These people have been marginalized by their bankruptcy and are vulnerable. They have been burdened with a disproportionate share of this company’s mistakes and missteps. It is time for this company to make restitution.



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2 Responses to “Supreme Court of Canada to Hear 407 ETR’s Appeal”

  1. Martina says:

    Thank you Tammy and everyone involved for sticking with this fight. This is not just about the 407. The implications regarding the rights of Ontario citizens are so much greater. Keep up the good work and keep us posted!

  2. Me says:

    Hi Tammy, I wanted to thank you as well for stepping up and sticking with this fight in spite of the fact that you had no idea where it would lead. Just goes to show – one person can ALWAYS make a difference. You have given a voice to the voiceless, along with the legal experts that are working on this issue. Your tenacity and making yourself a PITA to the 407 is commendable.

    Regardless of the outcome – thank goodness we live in a country where these things can be challenged, and thank goodness there are people such as you willing to put up the fight necessary to make the people heard. I know you’ve received a lot of flak from people for this cause, but know there are many, many thousands behind you!

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