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The 407 Etr and Bankruptcy……Finally a Decision!

The 407 has long been an issue when filing for bankruptcy. The Highway 407 act has allowed the 407 to notify the Ministry of Transportation when accounts fall delinquent and request that plate renewal be denied until the outstanding amounts have been paid. This practice has continued even after a debtor has filed and been discharged from bankruptcy.

Recently the issue went before the Supreme Court of Canada and a decision has finally been reached.

On November 13th, 2015 the Supreme Court of Canada dismissed the appeal of the 407 in the matter of the 407 ETR Concession Company Limited v. Superintendent of Bankruptcy.

The Supreme Court of Canada’s decision upheld the earlier decision of the Ontario Court of Appeal which found that the discharge provisions of the BIA (The Bankruptcy and Insolvency Act) override the plate denial provisions of the Highway 407 Act.

Please click here to refer to the 407s website for all the information, the court decision, a document check list and instructions on what to do if you filed for bankruptcy either before or after the court decision on November 13th, 2015.

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