City Cash Liability Undecided In Taxi Case

Subject / Objet Metro Taxi – Legal Update Date: June 6, 2025

In consultation with the Chair of Emergency Preparedness and Protective Services Committee,  the purpose of this memo is to provide Members with an update on the ongoing Metro Taxi  class action case that is currently before the Superior Court of Justice.

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This is a release from the City of Ottawa:

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The Court has recently  scheduled further trial dates to address the final liability question to be addressed during the  month of March 2026. This remaining liability question is whether damages in the aggregate  are appropriate.

The Court recently addressed the structure and scheduling of the trial during a Case Management Conference held during May 2025 and attended by the parties’ lawyers.

With respect scheduling, the Court determined that, as this is a complex class action  proceeding, it must proceed in a structured manner. Moreover, the Court determined that since  the commencement of the trial, there has not been any inordinate delay. As such, the trial  structure will remain in place and will continue as scheduled.

Members will recall that last year, the Court issued a decision on May 13, 2024, with findings  on three of four questions relating to liability. Those questions were as follows:

1. Was the City negligent in enforcing the 2012 Taxi By-law [against Uber] from  September 1, 2014, to September 30, 2016? Finding: Yes.

2. Did the City’s conduct in allegedly negligently enforcing the 2012 Taxi By-law or in  amending the Taxi By-law in 2016 infringe upon the right of Taxi Plate Holders under  Section 15 of the Charter of Rights and Freedoms or under Section 3 of the Human  Rights Code? Finding: No.

3. Did the fees collected by the City under its Taxi By-law constitute an unlawful tax?  Finding: No.

Once the final question relating to liability is determined following the trial continuation, the  parties’ appeal rights (to the Court of Appeal for Ontario) would be triggered on any or all four  liability questions. I will advise Members of Council of the outcome of the remaining liability  issue and at that time, the City, in coordination with its insurer, will consider its available legal  options.

I trust that the above is helpful. I would remind Members of Council that as this matter remains  before the Courts, it would be consistent with the City’s standard practice not to make public  comments on the case. If you have any questions, please do not hesitate to contact me.

Sincerely,

Stuart Huxley

Interim City Solicitor

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