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New Relief From 407 ETR Debt (updated Jan 2016)

Highway 407ETR Does Not Have The Right To Collect Debts If Bankruptcy Or Consumer Proposal

If you owed money to 407 ETR and successfully completed a Bankruptcy or Consumer Proposal, 407 ETR insisted that it had the right to enforce collection through the Ontario Registrar of Motor Vehicles and deny the renewal of your vehicle permit.

 

407 ETR Unsuccessful In Their Appeal

The Supreme Court of Canada has agreed with the Ontario Court of Appeal!

407 ETR appealed to the Supreme Court of Canada to overturn the earlier decision of the Court of Appeal, who ruled that the interpretation of the law by 407 ETR is incorrect.

In summary, the Supreme Court has decided that 407 ETR does NOT have the right to collect outstanding debts against discharged bankrupts or those who have fully performed the terms of their Consumer Proposal, by having the Ministry refuse to issue you your vehicle permit.

The Supreme Court recognized the key objective of the Federal law that allowed you, as an honest but unfortunate debtor, a chance to obtain a fresh start, was being unfairly denied to you. By denying you the right to renew your vehicle permit, your opportunity to rebuild your future was being adversely affected.

Download a copy of the Supreme Court's decision here.
Download a copy of the Court of Appeal decision here.

 

What Does This Mean For You?

1. They CANNOT refuse to renew your license in most circumstances

If you have received your Certificate of Discharge (in case of a Bankruptcy) or a Certificate of Full Performance (in case of a Consumer Proposal), the Ontario Registrar of Motor Vehicles CANNOT refuse to renew your licence.

If this is the case, send a copy of your Certificate (or the Court Order evidencing your discharge) to the 407 ETR. The 407 ETR will remove your name from the Plate Denial list. You will also need to print and include the form below:

Click to download the "Document Checklist" form >>

 

If you are in a Consumer Proposal that has been accepted, you will be removed from Plate Denial. If your Consumer Proposal subsequently gets annulled, it will again be listed on Plate Denial.

 

2. While still in Bankruptcy, Plate Denial will remain in effect

If you are in bankruptcy and have not yet been discharged, the Plate Denial will remain in effect until you are discharged. You will be asked to pay your fines in order to remove the Plate Denial or to negotiate a settlement in that debt.

In our view, this is improper as it is akin to enforcing a debt that you should be protected from in your bankruptcy. Unfortunately, this has to be challenged in court.

 

3. You may be able to recover payments made to 407 ETR. CLASS ACTION has started.

If you have received your Certificate of Discharge or Certificate of Full Performance and had to make a payment to the 407 ETR in order to get your license renewed, you may be eligible to participate in a class action against the 407 ETR.

 

It does not matter if you made these payments during the Bankruptcy or Consumer Proposal or after they were completed. The class action deals with both.

To find out more on how to participate in the class action, please contact Scarfone Hawkins, Barristers & Solicitors, or call them at: (905) 526 4394.