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Members of Ottawa’s beleaguered taxi industry have launched a $215-million class-action lawsuit against the City of Ottawa, accusing it of failing to properly enforce its own taxi bylaw after ride-hailing company Uber arrived here nearly two years ago.
The plaintiff is Metro Taxi Ltd., which carries on business as Capital Taxi, and holds a licence to operate and dispatch taxicabs, and is also a broker under the bylaw.
A statement of claim, filed Friday, seeks an order declaring that the city’s updated taxi bylaw, passed in April, is ultra vires, meaning beyond one’s power and legal authority.
The bylaw created a new class of licence called private transportation company, which will essentially allow Uber to operate legally in Ottawa as of Sept. 30.
The taxi drivers are also seeking a declaration that fees collected from the city from the class lawsuit’s members under the taxi bylaw were also ultra vires, and want an order of restitution for those fees.
Members of the class include all persons who were plate owners, brokers or both after Sept. 1, 2014, regardless of the number of plates they owned.
According to the statement of claim, which has not been tested in court, Uber drivers operated taxis within the meaning of the city’s bylaw, while the company acted as broker, but neither obtained the necessary licences to do so.
The claim says class members asked the city to take “reasonable steps” to enforce its regulatory scheme, and notes the city prosecuted a “limited number of Uber’s drivers.”
“The City did not take any steps to enforce the regulatory scheme against Uber,” the lawsuit says. “Uber continued to operate its services in the City of Ottawa. The City knew that Uber would continue operating its services unless the City took steps to enforce the regulatory scheme against Uber or took meaningful and reasonable steps to enforce the regulatory scheme against Uber’s drivers.”
The lawsuit also claims the city’s updated taxi bylaw provides a number of advantages to Uber and its drivers not available to class members, including lower fees, the purchase or lease of plate and the installation of in-vehicle cameras.
In a press release sent Friday afternoon, Ottawa city clerk and solicitor Rick O’Connor said the lawsuit would be “vigorously defended.” He also said no other public comments would be made as the matter is now before the courts.
More to come
mpearson@postmedia.com
twitter.com/mpearson78
查看原文...
The plaintiff is Metro Taxi Ltd., which carries on business as Capital Taxi, and holds a licence to operate and dispatch taxicabs, and is also a broker under the bylaw.
A statement of claim, filed Friday, seeks an order declaring that the city’s updated taxi bylaw, passed in April, is ultra vires, meaning beyond one’s power and legal authority.
The bylaw created a new class of licence called private transportation company, which will essentially allow Uber to operate legally in Ottawa as of Sept. 30.
The taxi drivers are also seeking a declaration that fees collected from the city from the class lawsuit’s members under the taxi bylaw were also ultra vires, and want an order of restitution for those fees.
Members of the class include all persons who were plate owners, brokers or both after Sept. 1, 2014, regardless of the number of plates they owned.
According to the statement of claim, which has not been tested in court, Uber drivers operated taxis within the meaning of the city’s bylaw, while the company acted as broker, but neither obtained the necessary licences to do so.
The claim says class members asked the city to take “reasonable steps” to enforce its regulatory scheme, and notes the city prosecuted a “limited number of Uber’s drivers.”
“The City did not take any steps to enforce the regulatory scheme against Uber,” the lawsuit says. “Uber continued to operate its services in the City of Ottawa. The City knew that Uber would continue operating its services unless the City took steps to enforce the regulatory scheme against Uber or took meaningful and reasonable steps to enforce the regulatory scheme against Uber’s drivers.”
The lawsuit also claims the city’s updated taxi bylaw provides a number of advantages to Uber and its drivers not available to class members, including lower fees, the purchase or lease of plate and the installation of in-vehicle cameras.
In a press release sent Friday afternoon, Ottawa city clerk and solicitor Rick O’Connor said the lawsuit would be “vigorously defended.” He also said no other public comments would be made as the matter is now before the courts.
More to come
mpearson@postmedia.com
twitter.com/mpearson78
查看原文...
