Ontario may appeal court ruling in favour of ETR – again

TORONTO — Predictably, the Ontario government looks like it will challenge yet another court decision siding with the owners of the private 407 highway.

The Liberals say they’re reviewing the November 7, 2005, judicial decision requiring the Registrar of Motor Vehicles to refuse validation of vehicle permits for those who have failed to pay tolls and administrative fees owed to 407 ETR,

As is the case in a handful of other cases dealing with 407 ETR’s right to set tolls, the Ontario government isn’t likely going to accept the court’s decision for an answer.

“We are disappointed with this decision,” said Transportation Minister Harinder Takhar. “Denying someone the right to renew their licence plate significantly affects their ability to drive, and that is very serious. It’s even more serious when it occurs through no fault of their own, but because the 407 ETR electronic system made a mistake.”

The province is reviewing this decision to determine the next course of action, including appeal. As part of this review, the province will consider if a stay of the decision should be pursued to ensure no plates are denied before an appeal is heard.

The ministry says that 407 ETR agreed in February 2000 that plate denial would be suspended until the company’s systems was working properly.

In August, an Ontario Superior Court upheld an independent panel of arbitrators ruling that the contract conditions between the 407 ETR and the previous Tory government allow the highway owners to raise tolls as long as traffic doesn’t fall below 2002 levels.

The government is still decided whether to challenge this latest ruling as well.


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