Joel,

The problem with your hypothesis is that it depends on people to enforce the restrictions and penalties of the Tripartite Agreement. There are two problems with this arrangement as it is currently constituted.

First, there is no enforcement mechanism within the Agreement to require the signatories to honour their commitments. Yes, there are penalties and prohibitions detailed in the Agreement as you have discussed. However, as Transport Canada and the Toronto Port Authority have shown, for example by their insistence on bending definitions to fit the Q400 into a scenario, a full-blown commercial airport. That scenario wasn’t envisioned at the time the Agreement was signed yet they feel free to ignore the restrictions that would exclude the kind of airport they envision.

The second problem is that because there is no enforcement mechanism, it would take the other signatory, the City, to launch a court action against Transport Canada and the TPA for a ruling that would force them to honour their commitment. Unfortunately, the City seems to have no stomach for such action.

So when it comes to the TPA fining their golden goose for breaches of the Agreement, the TPA doesn’t need to act because under their interpretation, a breach doesn’t exist. Furthermore, the TPA knows no one will challenge their interpretation.

As for paying your parking fines, don’t try interpreting the law in your favour.

Bob Kotyk