I'll rephrase my previous question, "Has anyone heard of the newly revised 

permanent removal fees being unenforceable?"

Hi Michelle,

I would suggest that if you signed a contract, then you pay the fee's. 
However, you are at a point where the contract has expired.  Talk to legal 
counsel about removal of records without paying this fee.  They may not 
have a case if the contract has expired, but they may have something 
written in the contract that deals with this and you may be stuck.  The 
question is," Is the contract and terms valid if the contract has expired" 


You may have another choice if you decide you want to move your records. I 
know first hand because this is what I did.  I really was dissatisfied 
with our vendor and did not want to stay with them.  I contacted the local 
vendors and mentioned that I wanted out of this company.  If I signed a 
longer term contract,  would they would pay the hostage fees?  After some 
negotiation, I found someone who would.

Of course, everything in the new contract was negotiable.  I didn't carry 
as much bargaining power as the new company was paying thousands of 
dollars to sway me away.  However, It was the best thing we ever did and 
the honeymoon still continues after three years together.

.
John Annunziello, ermm
Manager, Records and Information 
Toronto and Region Conservation Authority
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