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MTO License suspension due to judgement
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PostPosted: Fri Apr 16, 2010 7:02 pm 
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Joined: Wed Apr 14, 2010 1:32 pm
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Hello,

In case of no insurance and subrogation in part of the other insurance company, if a case is filed and if it's won, how does the license suspension works?

- In USA, there are states that only allow the suspension with judgement on file if the accident happened during the past few years. None of them go up to 4 years. What is the case in Ontario?

- As for as I know, one can not default on the judgement for no-insurance and if license is suspended it stays so for ever?

- What if one surrenders license before the license is suspended due to a judgement and since no license is on file with MTO can he/she obtain a license again?

- How does drivers license trading work? can a drivers license be easily traded for a New York one (even if only a visitor to new york and not a resident?)

- Can an Ontario license be traded for Quebec drivers license and then back to Ontario Drivers license years later? Would that have avoid putting a suspension on an Ontario license?

Thanks for the inputs.


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PostPosted: Fri Apr 16, 2010 10:44 pm 
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No...A Dl that is surrendered stays..say you surrender and then come back in 5 years. you do not get a new dl..They re-issue the same DL number so suspension stays..

You may surrender the DL but the number stays attached to you

Plus if you get a license from another jurisdiction and drive in Ontario you are still suspended as the DL number is tied to you for ever. So if you are stopped it does not matter if you have a valid BC or Quebec license

Oldest suspended DL i have seen was from 1967...

ops


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PostPosted: Sat Apr 17, 2010 10:03 am 
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Thanks for the input.

If a judgment is awarded 3.5 years after the accident, can that still suspend driver's license due to no payment?

This is regarding Insurance company subrogation on behalf of the plaintiff driver for damage to his car.

I know that an officer can't give you a ticket for an offense past 3 years. I was told there is a statue of limitation for that. This claim was file within the two years of the accident but is only being finalized now. It's 3.5 years now past the accident.

So, would MTO accept a judgment regarding an accident 3.5 years ago and put it on file for suspension of the driver's license?

Also, I would really appreciate it if someone can point me to the right government resource which shows the status of limitations on accidents and driver's licenses.

Thanks,
Bruce


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PostPosted: Sat Apr 17, 2010 7:19 pm 
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Location: The Valley
There is none, no stature of limitations in Ontario...that's why you can't find it.


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PostPosted: Sat Apr 17, 2010 9:00 pm 
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Location: In YOUR rearview mirror!
Think you are getting a little mixed up with things here....

If you have a conviction from the HTA or Compulsory Automobile Insurance Act (CAIA) that will go onto your driver's licence, failing to pay the fee or were suspended that will affect your licence. This is from a conviction is registered by the courts and the courts notify the MTO who take action on the licence (add the conviction and/or suspend the licence)

What you appear to be speaking about is an "insurance claim" (2 insurance companies battling each other) and what if someone does not pay? Thought that was what each driver's deductible was for! However, if someone would not have the collision portion, I would guess it would fall into small claims court or into a "collection agency" affecting a credit rating.

_________________
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca


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PostPosted: Sun Apr 18, 2010 11:54 am 
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Thanks for the input guys. But do we have an expert to give some details on this act:

Compulsory Automobile Insurance Act
2(10) Proceedings may be commenced at any time within three years after the date on which an offence was, or is alleged to have been, committed under subsection (1) or clause (3) (b) or subsection 13 (2). R.S.O. 1990, c. C.25, s. 2 (1)

The specific case I am dealing with has been filed within two years but due to delays now it's past three years. So, if a judgement is filed is that to not suspend the driver's license because of the statue above? or is the judgment something that is in effect since the first day the claim was files.

Thanks


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PostPosted: Sun Apr 18, 2010 2:05 pm 
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Charge only has to be laid within that time frame. If part of your judgment includes a Dl suspension then it shall be. If you chose to not pay the fine then it will be suspended for non-payment...

ops


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PostPosted: Sun Apr 18, 2010 3:32 pm 
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Joined: Wed Mar 31, 2010 4:02 pm
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Location: Directly under the earths sun.....now.
Bruceb wrote:
.... Proceedings may be commenced at any time within three years...


Commenced as in started or charges laid, not to be confused with concluded or disposition of the charges.


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Driving while Suspend
PostPosted: Tue Apr 27, 2010 8:00 am 
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Location: Toronto
further to the information above.

If your involved in an accident and you damage the other persons car. Your insurance company pays for the damage to that vehicle.

If you do not have insurance, the insurance company of the other driver would try to sue you for the damages. If you do not pay for the damages, then the insurance company would apply to the Ministry of Transportation to have your drivers license suspended under the Motor Vehicle Accident Claims Act.

Once filed and your license is suspended under this act, your drivers license would remain suspended until the amount was paid in full.

_________________
Chris Conway
Retired Toronto Traffic Officer, Hit & Run Squad Detective,
Breathalyzer Tech, Radar/Highway Patrol
Licenced Paralegal


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Re: MTO License suspension due to judgement
PostPosted: Tue Nov 15, 2011 3:15 pm 
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Joined: Wed Jun 15, 2011 10:54 am
Posts: 21
Thanks for the input. The following are the 3 subsections to Act 198 and I wonder how subsection 2 and 3 might help me keep the driver's license active. Specially subsection 3 which allows for instalment payments. How is this instalment payment calculated? Is there a chart based on income? Does the court force the creditor to accept the settlement? Should I bring this up in my negotiations with the creditor to force them to come back with a monthly payment I can afford?

Thanks again for all the insight


198. (1) The driver’s licence of every person who fails to satisfy a judgment rendered against him or her by any court in Ontario that has become final by affirmation on appeal or by expiry without appeal of the time allowed for appeal, for damages on account of injury to or the death of any person, or on account of damage to property, occasioned by a motor vehicle or street car, within fifteen days from the date upon which the judgment became final shall be suspended by the Registrar upon receiving a certificate of the final judgment from the court in which the same is rendered and after fifteen days notice has been sent to the person of intention to suspend his or her licence unless the judgment is satisfied within the period, and shall remain so suspended and shall not at any time thereafter be renewed, nor shall any new driver’s licence be thereafter issued to the person, until the judgment is satisfied or discharged, otherwise than by a discharge in bankruptcy, to the extent of the minimum limits of liability required by the Insurance Act in respect of motor vehicle liability policies. R.S.O. 1990, c. H.8, s. 198 (1).
Application where person indebted to fund
(2) Despite subsection (1), the Registrar shall not suspend under subsection (1) the driver’s licence of any person who is indebted to the Motor Vehicle Accident Claims Fund. R.S.O. 1990, c. H.8, s. 198 (2).
Payment of judgments in instalments
(3) A judgment debtor may, on due notice to the judgment creditor, apply to the court in which the trial judgment was obtained for the privilege of paying the judgment in instalments, and the court may, in its discretion, so order, fixing the amounts and times of payment of the instalments, and while the judgment debtor is not in default in payment of the instalments, he or she shall be deemed not in default in payment of the judgment, and the Minister may restore the driver’s licence of the judgment debtor, but the driver’s licence shall again be suspended and remain suspended, as provided in subsection (1), if the Registrar is satisfied of default made by the judgment debtor in compliance with the terms of the court order. R.S.O. 1990, c. H.8, s. 198 (3).


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License suspension / Settlement payment in installments
PostPosted: Mon Nov 21, 2011 7:49 pm 
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Joined: Wed Jun 15, 2011 10:54 am
Posts: 21
Hi everyone,

I have got a judgement against me in a no-insurance accident that happened 5 years back. The creditor is asking MTO to suspend my license unless I make a payment to them. I am wondering what sort of instalment payments would I be entitled to by using this part of the Highway Traffic Act:

Act 198 - Subsection 3
(3) A judgment debtor may, on due notice to the judgment creditor, apply to the court in which the trial judgment was obtained for the privilege of paying the judgment in instalments, and the court may, in its discretion, so order, fixing the amounts and times of payment of the instalments, and while the judgment debtor is not in default in payment of the instalments, he or she shall be deemed not in default in payment of the judgment, and the Minister may restore the driver’s licence of the judgment debtor, but the driver’s licence shall again be suspended and remain suspended, as provided in subsection (1), if the Registrar is satisfied of default made by the judgment debtor in compliance with the terms of the court order. R.S.O. 1990, c. H.8, s. 198 (3).

Anyone having experience with this type of situation please advise what is the lowest a judge would go for monthly payments or point me to a chart or sheet that they may use as a guide for this purpose. Of course I can't pay this in lump sum and am looking to keep license activated.

Thanks,


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Re: License suspension / Settlement payment in installments
PostPosted: Mon Nov 21, 2011 10:16 pm 
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Joined: Tue Feb 01, 2011 9:49 pm
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Location: Ontario
I’m not aware of any guidelines or charts for the JP’s to follow, I believe it’s purely up to their discretion. I’d bring in documentation supporting your income and expenses to help justify your request, especially if you’re seeking a very low monthly payment.


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Re: License suspension / Settlement payment in installments
PostPosted: Mon Nov 21, 2011 11:08 pm 
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Joined: Wed Jun 15, 2011 10:54 am
Posts: 21
Thanks for the response. I thought there might be some. I mean from what I heard there are a lot of cases like this on daily basis brought to MTO.

I am trying to find any cases like this on CanLii.org but I can't seem to find any. Does this mean that there are none? or just that people settle out of court? Any lawyers or firms that specialize in this type of thing you can guide me to?

Thanks


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