TORONTO — The company that owns the private highway north of Toronto may have to reimburse millions of dollars in fees after an Ontario judge ruled against how the company collects tolls for trailers.

According to the Globe & Mail, the Superior Court ruled against 407 ETR in a case involving Blue Star Trailer Rentals Inc., which rents commercial trailers.
Company owner Robert Kerr sued the highway operator after it went after the rental firm for outstanding charges it billed for trucks that used the highway while towing a Blue Star trailer, reports the Globe.

Since 407 ETR photographs capture the trailer’s plate, and not the truck’s, Blue Star got the toll bills instead of the drivers renting the units. The rental company was then forced to try and collect the money from drivers.

A judge agrees that 407 ETR does not have legal right
to bill trailer companies for money owed by drivers.

Eventually, Blue Star began ignoring bills, and 407 International notified the registrar of motor vehicles, which denied permits to Blue Star. 407 has billed Blue Star more than $200,000 in fees and interest, according to the Globe.
407 International Inc. spokesman Dale Albers said the company will appeal the decision.

William Chalmers, a lawyer representing Blue Star, told the newspaper that 407 International did not have the legal authority to bill trailer companies for money owed by drivers.

“If this decision is upheld, then arguably every time they’ve levied [this kind of ] charge and collected a charge … all those charges were collected illegally and they all should be returned plus interest,” he said.

Justice Beth Anna Allen threw out 407 International’s arguments, saying the legislation did not authorize the company to go after trailers and said Blue Star was not liable for any fees.

— from the Globe & Mail