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Plaintiff Marc Andre Way talks to media in Ottawa after learning of his success in the long-running Metro Taxi vs Ottawa lawsuit, regarding that city's failure to enforce its own laws on Uber and other rideshare companies. Photo: Taxi News
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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 โ€œThe Cityโ€™s response to Uberโ€™s arrival was negligent, causing harm to the taxi industry.โ€

โ€œOn 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.

โ€œThis is great news not only for the Taxi industry, but for all of us who put our faith in Canadaโ€™s justice system and the Rule of Law.โ€

Other comments by Justice Smith in his decision include the fact that โ€œThe City capitulated to Uberโ€™s bullying tactics when it entered the Ottawa marketโ€ and that โ€œUber was permitted to defy the law openly for two years without suffering any consequences whatsoever. On the other hand, because of Uberโ€™s blatant disregard of the law, the Plaintiffs suffered.โ€

โ€œThe City adopted a defeatist and acceptance approach to Uberโ€™s entry into the Ottawa market,โ€ Justice Smith noted.  โ€œA multinational giant was invading Ottawa, and because of the Cityโ€™s unpreparedness and its lack of efforts to develop a plan to enforce the 2012 By-law, the Cityโ€™s enforcement efforts against Uber drivers were ineffective.โ€

Justice Smith wrote, โ€œThe 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 Cityโ€™s 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 Cityโ€™s inaction or ineffective action in the enforcement of its taxi by-laws.

The Ottawa Taxi trial, officially titled โ€œMetro Taxi Ltd., Marc Andre Way and Ishkak Mail vs the City of Ottawaโ€ wrapped up on November 29th.

Members of Ottawaโ€™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.