An 86-year-old New Brunswick man is facing a hefty fine for an accident he has no memory of — an incident that took place 65 years ago in Toronto.
Ossie Gildart was shocked to learn that his driver’s licence had been suspended due to an uninsured accident from 1960, after a recent fender-bender led him to Service New Brunswick in Bathurst, according to CBC News.
“I just couldn’t believe it. I couldn’t remember having an accident that I wasn’t insured with,” Gildart told CBC. “[The representative] said, ‘Mr. Gildart, I’m sorry, you can’t take the test, your licence has been suspended.’”
The fine amounts to $4,661.91, which Gildart is expected to pay before his licence can be reinstated. The charge stems from Ontario’s Motor Vehicle Accident Claims Fund, which is used to help individuals recover damages from accidents involving uninsured drivers. However, Gildart is certain he was insured during his time in Ontario.
Long history of licence renewals with no issues
While living in Ontario, Gildart worked as a service technician, a position that required him to have insurance. He was also required to renew his driver’s license annually. After moving to New Brunswick in 1971, he received his Class 1 license and drove trucks for CN Rail. He has never encountered any issues related to the alleged 1960 accident during his years of licence renewals, in Ontario or New Brunswick.
“I was never notified by anybody, for anything. I was never suspended. I never had a problem. I just can’t believe they do this to a senior,” he told CBC.
How New Brunswick enforces old suspensions
Geoffery Downey, a spokesperson for New Brunswick’s Department of Public Safety, explained the situation to CBC News. He said that Service New Brunswick conducts a Canada-wide search for licence suspensions in other provinces. With that said, something popping up on the search doesn’t necessarily mean anyting will come of it. There is, Downey explained, descretion.
“If our investigation proves the reason for suspension is a court-ordered [judgment] more than 10 years old, we have no obligation to another province to suspend or collect the outstanding amount,” Downey said in an email obtained by CBC.
Gildart’s licence has since been reinstated, and his driver’s test was rebooked. However, the $4,600 fine still stands, and he is now required to pay it back in monthly installments of $200.
The Ontario Ministry of Public Business and Service Delivery has noted that individuals facing claims through the program have options to contest the charges. "If an individual is sued and disagrees, they may defend the action that has been commenced against them," said spokesperson Jeffery Stinson in the CBC story. “If a judgment has been issued, they may seek legal advice to move to have the judgment set aside.”
Recourse and possible steps to rectify the situation
- Request for documentation: One of Gildart’s first steps should be to formally request any documentation related to the alleged 1960 accident from the Ontario Ministry of Transportation. This will include any accident reports, evidence of an uninsured driver and court judgments. Gildart can then examine this material with legal counsel to assess whether there are discrepancies or mistakes in the records.
- Legal action to set sside the judgment: If the claim has led to a court judgment, Gildart may have grounds to seek the judgment be set aside. Legal experts suggest that individuals in similar situations should consult a lawyer to ensure the judgment was legally obtained and whether there is a possibility of challenging it. This may involve showing that Gildart was insured or that the claim was incorrectly assigned to him
- Debt payment negotiation: While Gildart’s licence has been reinstated, the fine still stands, and he must now pay $200 per month. If Gildart cannot afford these payments, he may be able to negotiate a reduction or extension. Debt relief services or legal counsel can also help negotiate with the Ministry of Public Business and Service Delivery on payment terms that are more manageable, depending on his financial situation.
- Investigating any statute of limitations: Gildart should also investigate whether there is any statute of limitations that could bar the claim from being enforced after so many years. In Ontario, the limitation period for many civil claims is typically two years, but this may differ depending on the type of claim or whether the case falls under an exception. Legal advice on whether the claim is valid after more than six decades could be crucial.
- Consult with an insurance company: They can confirm the history of insurance or if there were penalties related to a lapse in coverage.
Sources
1. CBC: New Brunswick driver gets a $4,600 fine — for an accident that happened 65 years ago (Feb 19, 2025)
This article provides information only and should not be construed as advice. It is provided without warranty of any kind.
