Toronto Taxi Alliance calls upon city to apply for injunction against UberX

The Toronto Taxi Alliance (TTA) is calling upon the City of Toronto to apply for an injunction against UberX.

In a letter to Toronto Mayor John Tory on Wednesday, TTA president Gail Souter asked the City of Toronto to apply for an injunction in the Superior Court prohibiting Uber from “carrying on its illegal operation in our city. There is a strong and compelling public interest why the City must seek this remedy to protect residents from an illegal, unlicensed and uninsured operation.”

The letter also pointed to the success of the City of Calgary in obtaining an injunction prohibiting the illegal operation of Uber in that city. Justice G. H. Poelman of the Court of Queen’s Bench of Alberta issued the temporary injunction against drivers offering rides for a fee in Calgary using the Uber app. The injunction runs until a full hearing on Dec. 17. At that time, the city will argue the injunction should be permanent to stop drivers from offering or providing rides for a fee using a vehicle hired through the Uber app until “safety, insurance and regulatory requirements are met,” Canadian Underwriter reported on Nov. 20.

The TTA letter said that with winter around the corner and worsening driving conditions, UberX drivers will be operating cars that are not regularly inspected and may not have safety features such as winter tires, as all taxis are required to have.

“Additionally, allowing upwards of 20,000 uninsured UberX drivers on our roads is a potentially dangerous ingredient that adds more congestion on our roads while putting the traveling public at risk,” the letter stated. “Further, Uber’s continual refusal to suspend its UberX program constitutes a flagrant and blatant disregard for the law and places Torontonians at risk.”

The TTA noted that when the City of Toronto applied for an injunction one year ago, the Superior Court held that the definition of “taxicab broker” in the Municipal Code did not clearly capture Uber’s activity. However, on Oct. 2, 2015, the Code was amended to remedy that deficiency. Yet despite a request by the city to cease its illegal operations, Uber has refused to do so, the letter said. Accordingly, the TTA is calling on city staff to re-apply for an injunction.

“Calgary has proved that this is possible,” the letter said. “Calgary is putting the safety of its citizens first; Toronto must do the same.”

At the beginning of the month, Toronto city council approved a $3.25 base fare to enter a taxi in the city – a $1 decrease. “Toronto should have a competitive taxicab industry that serves both the public and drivers well,” Toronto Mayor John Tory said in the statement at the time. “That’s why I supported Council’s decision to reduce the minimum fare paid by the public by $1. This will make moving around the city more affordable for the public, and it will help the traditional taxicab industry compete.”