Use of Injunctions to Prevent the

Use of "Lookalike" Tickets

The Administration Committee recommends:

(1)the adoption of the report (August 12, 1999) from the City Solicitor subject to amending the Recommendation embodied therein to read as follows:

"It is recommended that the issue of "lookalike" parking tickets be referred to the Police Services Board and the Chief of Police for investigation as to whether the use of "lookalike" parking tickets warrants prosecution under the Criminal Act;";

(2)that the Province of Ontario be requested to consider taking action on the copyright violations that appear to be taking place respecting the use of "lookalike" parking tickets;

(3)that the Chair of the Administration Committee be requested to write to the Attorney General of the Province of Ontario requesting an amendment to the Provincial Offences Act to create a provincial offence for the use of "phony" parking tags that resemble the prescribed form of parking tags;

(4)that this matter be referred to the Provincial Offences Act Task Force; and

(5)that the Chief of Police be requested to report to the Provincial Offences Act Task Force respecting this matter.

The Administration Committee submits the following report (August 12, 1999) from the City Solicitor:

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 23, 1998, 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 23, 1998, 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 Police Force for investigation.

Contact Name:

George McQ. Bartlett

Director of Prosecutions, 392-6756