Northern tow truck driver fighting for his business

A tow truck driver is fighting a legal battle after his certification was revoked because of criminal charges from 20 years ago for which he has been pardoned.

A tow truck driver in northern Ontario for more than two decades is fighting to get his business back after losing his provincial certification due to criminal charges from more than 20 years ago.

Michael Brown opened his Brown’s Towing location in Chelmsford eight years ago and purchased a business in Timmins three years ago.

“I started in Barrie,” Brown said.

“I worked for car towing for 17 years and then I started on my own.”

In 2021, the Ontario Government became the first province in the country to require tow truck drivers to have a certificate to operate through the Towing and Storage Safety and Enforcement Act.

Brown said he was initially granted a certificate but when he went to renew it, he discovered the Ministry of Transportation wanted to revoke it because of his criminal record.

Even with letters of support from a police officer in Timmins and the CAA, the MTO said it had no discretion and revoked his certification.

He received a pardon for his criminal charges, but a weapons prohibition remains in place.

No court orders or prohibitions

According to the MTO, to apply for or renew a certificate “you must not have any court orders or conditions of parole that prohibit you from possessing a weapon or prohibit you from being around or alone with certain people outlined in the court order.”

Edward Burlew, Brown’s lawyer, said it’s the weapons prohibition that’s preventing his client from getting his business back.

“A prohibition order that he can’t have firearms, ammunition or explosives is still there,” Burlew said.

“So we have to go to court because there is no appeal process under the Ontario auto safety legislation.”

Burlew said they will be asking that Brown receive an exemption that’s allowed in the Criminal Code for purposes of work.

He’d like to see parts of the legislation changed to prevent similar cases in the future. Burlew said Brown got into trouble more than 20 years ago, but since then, he has changed his life.

Brown said he had an issue with drugs when he was in his early 20s, but has never committed a crime involving violence. Despite all of his efforts in the past two decades, everything could unravel.

“I’m going to lose my business, my life, my cottage, my house, like, it’s uncalled for,” he said.

“I think they maybe didn’t put a lot of thought into it, but I do totally feel that we needed change, 100 per cent. The industry was definitely heading in the wrong direction.”

Burlew said they have more than 50 pieces of evidence to present, including the letters of support, and said he thinks he has a very good chance of winning.

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Brown said he has spent more than $80,000 in legal fees to try and get his business – and life – back. Some of his customers have been stranded, he said, because he can’t respond to calls for service.

“I got a call yesterday (Monday),” Brown said.

“A guy called every tow truck in Sudbury. Nobody would come. So the poor guy was there for six hours. Like, that’s not fair.”

Burlew said the matter will be heard in Divisional Court in Toronto as they sit on a daily basis.

“I’m definitely going to try to save my reputation and my name and definitely help the community again for sure,” Brown added.

CTV News contacted the MTO, who said they couldn’t comment because of privacy rules.