Tentative Date Set in Supreme Court 407 ETR Appeal‏



A tentative date has been set in the Supreme Court of Canada Appeal by 407 ETR for January 15th, 2015. The question is whether or not section 22 of the 407 Act is constitutionally inoperative under the doctrine of federal legislative paramountcy as it pertains to bankrupts.

Lenczner Slaght, lawyers for 407 ETR in this case, is boosting on their website that they successfully defeated the motion to have the Provincial Legislation declared invalid due to an alleged operational conflict with a federal statute. This “boosting” of theirs is premature considering the case isn’t even going to be heard at the Supreme Court until 2015. This premature declaration of victory on the company’s behalf is just the type of arrogance that we have been subject to since the Province has refused to regulate this company.
In previous articles, I explained how 407 ETR is NOT a regulatory body and that the Province has refused to regulate this company. This IS the problem, however, 407 ETR is in denial. The Paramountcy Doctrine 407 ETR is hanging their hat on essentially means the Provincial legislation conflicts with the federal legislation and so the federal legislation is “paramount” OR prevails and renders the provincial legislation inoperative.
According to the Ministry of Consumer Services website, that Ministry is “to educate, protect and serve Ontario consumers by ensuring a fair, safe and informed marketplace… as well as (providing) … regulatory practices that serve the interests of Ontarians … ” BUT when it comes to the unfair business practices of 407 ETR they pass the buck and say “it would be inappropriate for the Ministry of Consumer Services to mediate or investigate a matter where the business is regulated by a designated regulator…” referring of course to the Ministry of Transportation being that regulator. What does the Ministry of Transportation have to say about 407 ETR’s unfair business practices?
Chris Conroy, an Analyst with the Ministry of Transportation, says that 407 ETR has to follow consumer protection laws, however, stops short when it comes to answering questions on what the Ministry of Transportation is doing to regulate that 407 ETR compiles with those consumer protection laws and passes the buck back to the Ministry of Consumer Services saying, “I understand you have previously contacted the Ministry of Consumer Services, Consumer Protection Branch, which is in the best position to address consumer protection issues.”
So while 407 ETR is arguing that the Province is regulating their business, the truth of the matter is that they are not.  We are hopeful that the Supreme Court will rule in a way that the Province will be put in a position that they will finally have to regulate this company.
The group “Stop the 407 ETR’s Abuse of Power” is putting together a short documentary style video on some of the people that have been affected by the business practices of 407 ETR and the Province’s refusal to regulate this company. If you have a story you think should be heard regarding 407 ETR’s business practices, please contact the group at 407abuseofpower@hotmail.ca with your details and someone will get back to you to let you know if they could use your story. It is hoped that this video will be released prior to the Supreme Court case in January 2015.

Until then, the group asks that you support their petition at http://www.change.org/en-CA/petitions/change-the-407act so they can continue to let the Province know that it is important to the people of Ontario to regulate how this company places people in Plate Denial.
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One Response to “Tentative Date Set in Supreme Court 407 ETR Appeal‏”

  1. D Murphy says:

    JANUARY 15th 2015???
    That is rediculous! this garbage, has been dragging on since this private company started.
    One must ask? with this lengthily delay, just whom, is protecting who?
    I would like to know just how many of us are out there waiting, that “did not” go bankrupt, that had a small amount to pay and are now asked to pay a huge amounts to get out of plate denial.
    The statute of Limitations is clearly not working and neither is the Charter of Rights and Freedoms.
    The Supreme Court should be looking into the MTO’s business practices.

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