Late fees on Port Mann Bridge tolls are criminal, lawsuit claims

A Metro Vancouver motorist who was dinged for not paying his Port Mann Bridge tolls on time has filed a class action lawsuit alleging the late fees are against the law.

Jasper Lui, a 31-year-old Burnaby resident, said he’s crossed the bridge a lot since the toll was imposed in 2012, and always paid on time – until September last year.

That’s when Lui “inadvertently” missed paying $26.25 in charges, according to his suit, and was hit with a $20 “Refuse to Issue” processing fee on top of 19 per cent interest.

The Transportation Investment Corporation, which runs the Port Mann, dishes out the fees to drivers who rack up more than $25 in toll debt and don’t pay up within 90 days.

But Lui’s lawsuit argues charging a $20 fee on a $25 tab actually amounts to a criminal rate of interest.

The claim cites section C-46 of the Criminal Code, which states it’s illegal to charge an effective annual interest rate “that exceeds sixty per cent on the credit advanced under an agreement or arrangement.”

Prominent consumer advocate Bruce Cran said the fees do qualify as interest, and he believes Lui has a strong case.

“It’s described as interest in the law. There’s been plenty of precedent to this,” said Cran, who heads the Consumers’ Association of Canada.

“With the many class action lawsuits I’ve been involved in, including very similar ones, I’d say it’s a winner.”

TI Corp. disagrees, however, comparing the “Refuse to Issue” fees to the NSF charges taken by banks.

The company also said the fees are necessary to pay for the systems and staffing associated with collecting unpaid tolls.

“It’s not fair to ask drivers who keep their accounts in good standing to cover the extra costs that come from managing others’ overdue accounts,” a spokesman said in a statement.

Drivers with overdue tolls are given at least five notices before the fee is applied, TI Corp. added.

At any given time, between 15,000 and 30,000 motorists have that $20 fee on their account. If the class action suit is successful, anyone who has paid the fee could end up getting their money back.

With a report from CTV Vancouver’s Shannon Paterson