THE EXTENDED CLAIMS DEADLINE OF MAY 15, 2017 HAS PASSED.  CLAIMS RECEIVED AFTER THE EXTENDED CLAIMS DEADLINE ARE OUT-OF-TIME AND INVALID.

This Class Action Has Been Settled and Court-Approved

Eligible Class Members will receive notice by mail or email, including a Monetary Settlement Benefit Claim Form.

ON APRIL 11, 2017, THE COURT APPROVED AN EXTENSION OF THE MONETARY SETTLEMENT BENEFIT CLAIMS DEADLINE TO MAY 15, 2017.

If you do not have, or are unsure of some of the information required to complete the Monetary Settlement Benefit Claim form, we recommend that you sign, witness, date and return the form as soon as possible. Do not wait.

It is important that you file a signed, witnessed and dated Monetary Settlement Benefit Claim form as soon as possible and before May 15, 2017.

If we need further information from you, we will contact you.

For more information, read the FAQs.

Notice of Certification and Settlement Approval

Order of Justice Perell Extending Monetary Settlement Benefit Claims Deadline to May 15, 2017 and Confirming Opt-Out Period Deadline of March 6, 2017
Order of Justice Perell – Reasons for Decision

Background Information

Settlement Agreement
Press Release – November 4 2016
Global News coverage – “Highway 407 ETR agrees to $8M settlement”
Notice of Certification and Settlement Approval Hearing – November 4 2016
Lawyers Weekly Article
The Supreme Court of Canada decision can be accessed at this link 
The Hamilton Spectator News Article  – link
The Toronto Star – link

Overview Of Claim

A statement of claim was issued in the Ontario Superior Court of Justice in Toronto on April 27, 2012, claiming declaratory relief, an injunction and damages for abuse of process, breach of contract, restitution and unjust enrichment.

The plaintiffs, Michael Dow, Gwendolyn Miron and Peter Teolis, are bringing the action under the Class Proceedings Act, 1992, on behalf of all persons who incurred tolls and/or additional charges to 407 ETR, who subsequently filed an assignment in bankruptcy and/or a proposal or consumer proposal under the BIA, and who were later subject to exercise of the Vehicle Permit renewal denial remedy by 407 ETR for those tolls and/or additional charges.

The Statement of Claim alleges that 407 ETR unlawfully uses its Vehicle Permit renewal denial remedy to coerce payment of claims provable in bankruptcy which are subject to a Stay of Proceedings or were otherwise compromised and/or released by operation of the BIA.

We are compiling a database of individuals who incurred tolls, subsequently filed an assignment in bankruptcy and were subject to the exercise of the Vehicle Permit renewal denial remedy for those tolls and additional charges.

If you have not already contacted us, we would appreciate hearing from you as it may assist us in pursuing this claim.

You may contact us by e-mail, telephone, mail, courier, fax, etc.

Additional Court Documents

Supreme Court of Canada Decision dated November 13, 2015

Press Release dated November 19 2015

Endorsement of Justice Pepall

Decision of Court of Appeal released Dec 19 2013

Order of Justice Blair dated November 26, 2012

Endorsement of Justice Blair dated November 26, 2012

Fresh as Amended Statement of Claim

Press Release dated April 27, 2012

Decision of Court of Appeal – September 5, 2012

Contact Us

If you require more information or assistance in completing your claim form, you may e-mail us at 407@shlaw.ca,  or you can contact us directly by telephone at 905-526-4394
or by fax at 905-523-5878.

Due to the volume of inquiries, please allow one week for a response.