OTTAWA,
ON, May 13, 2024 /CNW/ - Today in
Ottawa, Justice Marc Smith issued his decision in the case of
Metro Taxi vs. City of Ottawa.
Ottawa
negligent in not enforcing its law in Uber case
Justice Smith found that the "The
City's response to Uber's arrival was negligent, causing harm to
the taxi industry."
"On behalf of Metro Taxi, and Taxi industry members in
Ottawa and across Canada, I thank Justice Smith for his work on this file. His
attention to important details and insights into this case have
resulted in an historic decision," said plaintiff Marc
AndréWay.
"This is great news not only for the Taxi industry, but for all
of us who put our faith in Canada's justice system and the Rule of
Law."
Other comments by Justice Smith
in his decision include the fact that "The City capitulated to
Uber's bullying tactics when it entered the Ottawa market" and that "Uber was permitted to
defy the law openly for two years without suffering any
consequences whatsoever. On the other hand, because of Uber's
blatant disregard of the law, the Plaintiffs suffered."
"The City adopted a defeatist and acceptance approach to Uber's
entry into the Ottawa market,"
Justice Smith noted. "A
multinational giant was invading Ottawa, and because of the City's
unpreparedness and its lack of efforts to develop a plan to enforce
the 2012 By-law, the City's enforcement efforts against Uber
drivers were ineffective."
Justice Smith wrote, "The City
takes the position that if the Plaintiffs suffered any damages,
which it denies, those damages were inevitable from the moment that
Uber decided to expand into Ottawa. I disagree. The City failed to enforce
the 2012 By-law. The City's flawed approach of only targeting Uber
drivers and deliberately avoiding Uber, the dispatcher, is directly
related to the Plaintiffs' loss. Any loss incurred and proven by
the Plaintiffs is directly caused by the City's inaction or
ineffective action in the enforcement of its taxi by-laws.
The Ottawa Taxi trial, officially titled "Metro Taxi
Ltd., Marc Andre Way and Ishkak Mail
vs the City of
Ottawa" wrapped up on November 29th.
Members of Ottawa's taxi
industry launched the $215 million
class-action lawsuit in April 2016,
alleging the city did not protect drivers and the
industry when ride-sharing services hit city streets. They
were represented by a legal team from CONWAY LITIGATION.
SOURCE Rita Smith Enterprises Inc