OTA launches legal defense fund for precedent-setting issues

TORONTO — The Ontario Trucking Association has earmarked $100,000 to a Legal Defense Fund to support legal action on matters with broad precedent implications for the industry at large, says the group.

The legal fund will be tapped for obtaining legal opinions,
preparing briefs, interventions; and court challenges for carriers

The fund will be tapped for such things as assistance in obtaining legal opinions; preparing amicus briefs; interventions; and court challenges. For projects to be considered for funding, carriers or their legal representatives would have to submit a written request to OTA, outlining: the facts relating to the legal issue at hand; its importance to the industry; supporting documentation (legal briefs, opinions, violation notices, court orders, judgments, etc.); the desired role of OTA (e.g., intervenor, friend of the court, party to the action, etc.) and expected costs.

The OTA management would then make a preliminary assessment of whether the matter is of sufficient importance to the industry; has precedent value; represents a good test case; and, the chance of success, before referring it to the OTA Executive Committee for a final decision.

OTA President David Bradley says that the association traditionally allocates an annual amount for legal issues in its budget but also “wanted to create a war chest that we could tap into on legal matters of significant importance to the industry.

“OTA’s success lies in its ability to tackle issues from all angles, whether its developing sound, well-researched policy proposals, sophisticated lobby strategies, or public relations campaigns,” he said in a press release. “On so many issues there is a legal component that also needs to be considered and with the establishment of the Legal Defense Fund we are expanding our resources to further strengthen our ability to respond to carrier concerns.”