CourtCourt of King's Bench of Manitoba
Date FiledAugust 31, 2022
CO-COUNSEL
Regulation permitted Manitoba to issue Photo Radar Speeding Fines based on each kilometre per hour in excess of 10km/h over the maximum permitted speed (the “Permitted Fines”). During the Class Period, Manitoba issued Photo Radar Speeding Fines based on each kilometre per hour over the maximum permitted speed. The difference between the amount that Class Members paid in Photo Radar Speeding Fines to Manitoba during the Class Period, and the total amount that Class Members would have paid during the Class Period if they had paid the Permitted Fines is the “Overcharge”.
The action seeks to recover the Overcharge that Manitoba is alleged to have collected illegally from Class Members during the Class Period.
Class members include all persons in Canada from whom the Province of Manitoba collected speeding fines by photo radar devices in accordance with ss. 95(1) and 95(1)(c) of the Preset Fines and Offence Description Regulation, Man Reg 96/2017 (the “Regulation”), from November 20, 2017 to November 12, 2021 (the “Class Period”).