NORTH BAY, Ont. — A small fleet owner from northern Ontario is suing the Ministry of Transportation for $20 million over a CVOR rating that he says ruined his business.

Carey Foreshew’s fleet in Powassan, Ont. scored a "satisfactory" 65 percent CVOR rating in 2007. But that number leaped to a whopping 112 percent soon after Ontario’s CVOR system underwent dramatic changes later that year.

At the time of the rollout, there was concern that the two systems might provide vastly different results, so MTO devised a two-year transition system, which included a soft enforcement period and an appeals process.

Although Foreshew Trucking was in the process of appealing the new "unsatisfactory" rating, MTO enforcement officers arrived at Foreshew’s business on Jan. 30, 2008 and stripped the carrier of its plates, according to a statement of claim filed in Ontario Superior Court.

"’Sorry about that’ was the only explanation," the officers gave Foreshew when they returned the plates back to the fleet owner the next day, according to the claim.

It notes that a suspension cannot be implemented until the carrier has had a chance to complete the entire appeals process. Thereby the ministry "abused (its) power when (it) enforced the Suspension and Seizure Order … without investigation." 

Perhaps a 65% isn’t something to brag about,
but Foreshew Trucking says its business was within
acceptable perimeters before getting shut down by MTO.

As a result of the MTO’s actions, "drivers and brokers quit and customers lost confidence … and an established business of 25 years was closed," says the statement.

Todaystrucking.com attempted to contact Foreshew but neither the company phone number or website were operational. An email sent to Foreshew’s listed address did not bounce back as "undeliverable", but there was no response at the time of this posting.

The claim states the government failed to "follow its own procedures" of issuing a facility audit, a written notice, and a request for an interview before taking Foreshew’s truck and trailer plates away.

"Foreshew Trucking was to accept the date given or forfeit their CVOR. As a result (the company) did not receive a fair and impartial hearing," the claim states, adding that attempts to contact the MTO by phone and written request to resolve the matter did not receive a response.

The claim notes that the MTO "blatantly ignored" inspection records on the carrier conducted by Markel Insurance agents and a three-day audit by the U.S. DOT that was completed just a few weeks before the seizure notice.

As well, the claim says officials shrugged off what Foreshew calls "proof of Due Diligence," which included new safety policies and procedures; 18 new, safer trucks; regular mandatory safety meetings for staff; and continuing education and training with
"recognized safety consultants."

"If not for the change in the CVOR formula, Foreshew Trucking’s violation rate would have been well within acceptable perimeters," states the claim.

The MTO will reportedly defend the suit.