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RULING * Canada - Court strikes MTO's 'favorite enforcement tool' against truckers
Toronto,ONT,CAN -Today's Trucking -10 Sept 2009: -- A recent ruling by the Ontario Court of Appeal has shaken how the Ministry of Transport treats trucks with defects and penalizes drivers and carriers... In a recent communiqué, lawyers for Davis LLP explain how the Appeals Court upheld a previous Justice of the Peace decision that required MTO to prove that a commercial truck is actually in an "unsafe or dangerous" condition before it can achieve a conviction for such a charge... The Davis lawyers stated that the Court's interpretation creates a gap in the legislation, "however, it was not the role of the Court to fill that gap" and the government can make new regulations if it decided to do so... Labels: rules and regulations
posted by Unknown @ 5:39 AM
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