Canadian Contractor

MTO: Contractor tried and convicted without a hearing!

Alec Caldwell reports on a contractor who charged by an MTO cop for his truck having a "Toll Device Improperly Fixed." The contractor says he had no real opportunity to dispute the charge, living almost 50 miles from the courthouse where he was tried and convicted in absentia. One hundred and ten bucks more into the Ontario government coffers.

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September 24, 2014 by Alec Caldwell

Two weeks ago, I gave my views on Ontario’s MTO: Opinion: “I think the MTO (Ontario Ministry of Transport vehicle safety cops) are vultures.”

I shared a story in the above article, where a contractor’s vehicle was pulled over on the 407 (toll) highway in the Toronto GTA area.

“One of our trucks was pulled over for a spot check by MTO on the 407. They checked brakes, lights, weighed the truck, checked tires, turn signals, CVOR, registration, insurance, log book, etc., etc.”

“They didn’t find anything wrong or deficient. However, we did get a ticket for $110 for an infraction under the Highway Traffic Act. For what? “Toll device improperly affixed” !!!! “I have challenged the charge, and am awaiting a phone call from the prosecutor to discuss the charge.”

That’s what this contractor told me a few weeks ago.

Lots of you have asked for the “outcome.”

HERE is the outcome: Tried and convicted without a hearing!!!

Here is what the contractor said:

“Convicted and the only option available seems to be to pay a fine. Or else !!! The Courts performed a trial in absentia or conviction without a hearing!!!”

“The problem is, I disputed the charge and was prepared to go to court, but they never contacted me. If you look at the “offense” notice, I checked the box asking for a phone hearing because I live more than 75 km from the courthouse. (Google says it’s 75.4 km!.) It seems to me that it’s supremely arrogant on the part of MTO to convict without the opportunity to defend and dispute the charge”

I totally agree with this contractor. It seems again some unfair practices by another government department and how can the small guy fight against such odds, without further expense and use of their valuable time.

What do you think? Are you currently performing daily vehicle safety checks?

By providing education and training, CARAHS reduces your risk of fines, job site closures and prosecution under the Ontario Occupational Health and Safety Act.

Passion – Commitment – Integrity

CARAHS has over 150 online Health & Safety e-courses.

Alec Caldwell

Alec Caldwell

Alec Caldwell is the Founder of CARAHS, a Health & Safety Organization. We are approved providers by the Ministry of Labour (Ontario) to teach Working at Heights Training (Pro#34609) Visit the Ministry of Labour's web site to view our listing
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5 Comments » for MTO: Contractor tried and convicted without a hearing!
  1. I got pulled over by Guelph police in January of this year for excessive smoke from tailpipe. It was a wednesday, he gave me 72 hours to remedy problem and then show that it was fixed to have the ticket waived. Garage looked at it thursday but could not get parts to have it done by friday, so I called cop and explained situation and he said couldn’t do anything about it. Picked up truck monday and went to police station tuesday with receipt to show repairs done. cop at desk said ” Oh I would have cleared it” but its up to cop who issued ticket to make decision. So $110 ticket had to be paid. what was really annoying is that 24 hrs were on a weekend when nothing could be done, what if I got pulled over on the friday ,then 48 hrs lost.

  2. Hi Willem…Thanks for sharing. Reading your comment show, that regardless of what you do, there is always road blocks, no matter how hard you try to correct things. Its seems all about the money grab, no matter how they hide that issue in order to fund their (government) agencies or activites.

    Whether its the WSIB, Ontario College of Trades (OCOT) or the MTO, they are all gouging us and there seems no VOICE or retribution.

    Let start speaking out about this. All comments welcomed.

  3. Questo says:

    Hey Alec, a good way to start is: contacting Steve Paikin at TVO to set an public audience. That all the trades people wanted to attended if TVO can do it,
    will have the opportunity to discuss all the issues regarding all collection agencies
    in this Province, exposing the fraud that is. Making politicians accountable for their negative actions.

    Also all the young people want to became part of the trades, compulsory or not will have the brought view what really goes on in this Province. This way they may see who are the elephants in the leaving room.

    I believe the worst is yet to come, our Province is apparently shorted in founds already, about 800 million, just on the budget 2014, desperation will kick in very soon. Maybe a good way to dump all these money collection agencies.

    The E test for example, if in reality was an environment problem, should be country wide, not provincial.

    These fraud agencies like the ESA,ECRA, OCOT and all others none cense, should be abolished.

    In my view, all trades licensing, compulsory or not should be one time and Federal, this way anyone can perform country wide work with out restrictions on fees and transfers , like so many world countries have, if you are a trades licensing, its because you earn it and should be respected in that matter.

    Apparently, a lot Politicians became sales rep for special interest in our cost, and this behaviour should be cut short.

    • Mark Mitchell says:

      Good point Questo. One licence, one admin fee, one country. We have free trade with countries I can’t even pronounce, but my Ontario Gas fitter licence is no good out west. Don’t even ask about my refrigeration licence, or the Brazing licence that TSSA made me get.

  4. Questo says:

    You know Mark, I have a Electrical technician License from back home good for until I live, and the best part: when the EU came into place my licence is good in all the Euro union countries, like me so many others.

    Furthermore, those trades licensing, will have to be valid here under the free trade agreements between Europe and Canada. Those from Europe which have all source of compulsory trades licensing from Europe prior to came here will have to be recognise.

    So in this matter, all the collection trades agencies will have to be demolished.
    I believe most likely a federal trades license will come soon, in deed will make more sense, one country, and trades aren’t specific a provincial matter its country wide.

    My license from back home its active and I can go back there, start work right any in any part of the country, including the all the ones in the EU.

    Canada became attractive for trades parasites agencies, collecting money from trades people and offer them nothing in exchange. It looks really bad for business that’s why I closed mine long ago.

    We the trades people compulsory or not can change the way things are, if the SIN card is federal, why can’t any trade be the same?