Ottawa negligent in Uber situation, court rules
May 13, 2024 — Today in Ottawa, Justice Marc Smith issued his decision in the case of Metro Taxi vs. City of Ottawa.
Justice Smith found that the โThe Cityโs response to Uberโs arrival was negligent, causing harm to the taxi industry.โ
โOn 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,โ said plaintiff Marc AndrรฉWay.
โThis is great news not only for the Taxi industry, but for all of us who put our faith in Canadaโs justice system and the Rule of Law.โ
Read Justice Smith’s decision here
Other comments by Justice Smith in his decision include the fact that โThe City capitulated to Uberโs bullying tactics when it entered the Ottawa marketโ and that โUber was permitted to defy the law openly for two years without suffering any consequences whatsoever. On the other hand, because of Uberโs blatant disregard of the law, the Plaintiffs suffered.โ
โThe City adopted a defeatist and acceptance approach to Uberโs entry into the Ottawa market,โ Justice Smith noted. โA multinational giant was invading Ottawa, and because of the Cityโs unpreparedness and its lack of efforts to develop a plan to enforce the 2012 By-law, the Cityโs enforcement efforts against Uber drivers were ineffective.โ
Justice Smith wrote, โThe 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 Cityโs flawed approach of only targeting Uber drivers and deliberately avoiding Uber, the dispatcher, is directly related to the Plaintiffsโ loss. Any loss incurred and proven by the Plaintiffs is directly caused by the Cityโs inaction or ineffective action in the enforcement of its taxi by-laws.
The Ottawa Taxi trial, officially titled โMetro Taxi Ltd., Marc Andre Way and Ishkak Mail vs the City of Ottawaโ wrapped up on November 29th.
Members of Ottawaโs 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.