August 12, 1999

To:Administration Committee

From:City Solicitor

Subject:Use of Injunctions to Prevent the Use of "Lookalike" Tickets

Recommendation:

It is recommended that incidents of the use of "lookalike" parking tickets be referred to the Toronto Police Service for investigation as to whether the use warrant proceedings under the Criminal Code.

Background:

This report is submitted in response to a request made by the Corporate Services Committee at its April 19, 1999 meeting when it was considering a report advising of action taken by the Audit Committee at its March 1, 1999 meeting. The Corporate Services Committee requested that the City Solicitor report on a strategy for instituting litigation injunctions for quasi-criminal or criminal proceedings against parties who issue "lookalike" tickets.

Comments:

In a November 23, 1998 report to the Emergency and Protective Services Committee, I concluded that the City lacks legal standing to challenge phony parking tags, or lookalike parking tags, in the civil courts since the City cannot establish that it suffers any particular loss as a result of such tags. My report also concluded that the City has no standing to challenge the phony parking tags on the basis of a copyright infringement as any current copyright rests with the Province.

The City's lack of legal standing to challenge the phony tags in civil court precludes the City from instituting injunction or other legal proceedings in relation to such phony tags.

In my November 23rd report I noted that Metropolitan Toronto Legal Department staff had suggested to the Ministry of the Attorney General staff that the Provincial Offences Act be amended to create a provincial offence for the use of phony tags that look like the prescribed form of parking tags. At that time the Ministry indicated that this suggestion would be considered as part of the streamlining reform. However, the streamlining legislation which is now in force does not create any such offence.

One other statute which could be investigated for possible action in relation to phony parking tags is the Criminal Code. The phoney parking tickets do not all look the same. Some bear very little relation to the form of parking infraction notice prescribed under the Provincial Offences Act and the one used in the City of Toronto. Others appear to be almost identical. My November 23rd report noted that on at least one occasion a person who issued look-alike parking tags was charged under the Criminal Code with fraud under $5,000, attempted fraud under $5,000, attempt to defraud the public and the use of the mail to defraud the public. On August 19, 1998 the person pleaded guilty to one of the charges and was convicted and sentenced to 28 days in jail (to be served intermittently), two years probation and 100 hours of community service. The Court also ordered the person to make restitution of $2,400.

Whether the facts of any particular case warrant similar charges under the Criminal Code is an issue that would need to be assessed by the police, with advice from the provincial crown attorney.

Conclusions:

There is no legal basis on which the City can commence injunction proceedings or other legal proceedings in relation to lookalike parking tags. However, on at least one occasion a person was convicted of one or more Criminal Code offences in relation to the use of such tags. Recent incidents of the use of such tags should be referred to the Toronto Ploice Force for investigation.

Contact Name:

George McQ. Bartlett

Director of Prosecutions

392-6756

  H.W.O. Doyle

City Solicitor