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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 100403
Experience:  Lawyer
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I was hoping you could tell me if I have a case or not? In

Customer Question

I was hoping you could tell me if I have a case or not?
In Ontario the MTO suspends your license due to a nonpayment of fines. I was stopped by OPP after a plate check let the cop know I had a suspended license because of an overdue fine. I was not aware of this (forgot) and had no notice as such from the MTO. Upon the Police officer’s advice, I went directly to the court house and paid all overdo fines in full ($65 speeding ticket was overdue). The police officer also told me (and I did) that once all fines are paid you get your license back after 2 or 3 days and you visit service Ontario to pay the re-instatement fee. After about a week I got my license back and was driving again.
About a year later I was stopped by a police officer after a plate check told him my license had been suspended. I had no idea at the time, had received no notice that my license had been suspended and the OPP officer couldn't tell my why either. My car was impounded for 1 week.
I lost my job, my house and have no way of working as I cannot afford to pay the fines or the insurance to drive. I have a 2-year-old daughter that I am close to losing and I cannot see because I cannot drive.
How can the MTO, after I pay all depts. with added penalties further subject me to added punishment and increased fines?
I was under the impression from the OPP officer and by common sense that my license had been suspended because I had overdue fine and all I had to do was pay the what’s owing and be done. If I have an overdue bill that is say 6 months late, and after its paid should I be subjected to another even higher bill?
I believe they are committing Fraud and subjecting me to undue stress, pain and general loss of a life.
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.

You need a lawyer to send a letter to the legal department of the MTO and find out exactly what happened.

It sounds like there may be some mistake in the system where you either should not have your licence suspended or at least if it should be suspended you were not told about it and given a chance to rectify the situation before driving with a suspended licence.

The damages you suffered are terrible of course but you won't be able to get a court to require them to compensate you for all of them.

The damages have to be reasonable and foreseeable and it is not foreseeable that you would lose your house because of this suspension. But you would be able to get your licence reinstated and all fines and penalties waived and if this does not address your insurance issue they would be liable to compensate you for this as well.

I suggest that your next step should be to consult with a lawyer face to face.

You can contact the Law Society and use their Lawyer Referral Service. You will be given the name of a lawyer and can consult with the lawyer and the first half hour will be free.

The number is:

1-***-***-**** or(###) ###-####(within the GTA)

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