The Ontario Court of Appeal
has denied the government leave to appeal a recent
divisional court decision ordering the Ontario Registrar
of Motor Vehicles to deny vehicle permits to individuals
who refuse to pay their 407 ETR toll bills. "The
Registrar has no discretion to refuse plate denial," the
court said at the time.
Plate denial is used by
407 ETR because it is an all-electronic, barrier-free
highway with no traditional tollbooths.
The government sought leave
to appeal the decision, but indicated that the Registrar
would begin to deny the renewal of existing, and the
issuance of new, vehicle plates permits of individuals
who refuse to pay their 407 ETR bills.
"Plate denial has been
operating for three months, so we are pleased with the
decision of the Court of Appeal," said Enrique Diaz-Rato,
president and CEO of 407 ETR. "Today's decision is good
news, not only for the company, but for the vast
majority of customers who pay their bills. The only
people who should be concerned with plate denial are the
small number of people who refuse to pay their bills."
The McGuinty government has
been in and out of court since it vowed in a
pre-election campaign to take back control of tolls on
the 407 highway. But it has lost virtually every
subsequent court case and appeal.
The Liberal insists on
continuing its legal challenges despite the fact
opposition politicians and third-party commentators
familiar with the original contract have said from the
beginning that the government likely can't win the case.