METRO TAXI LTD. et al v. THE CITY OF OTTAWA

On January 16, 2018, the Ontario Superior Court certified this action as a class proceeding.

The court certified two classes:

• The Taxi Plate Owner Class: All persons who on September 1, 2014 held a standard taxicab plate holder license or an accessible taxicab plate holder license pursuant to the Taxi By-law, or who were issued a standard taxicab plate holder license or an accessible taxicab plate holder license pursuant to the Taxi By-law between September 2, 2014 and September 30, 2016.  
• The Taxi Broker Class: All persons who on September 1, 2014 held a taxicab broker license pursuant to the Taxi By-law or who were issued a taxicab broker license pursuant to the Taxi By-law between September 2, 2014 and September 30, 2016.
  

The court certified the following common issues:

1. Was the City negligent in enforcing the Taxi By-law between September 1, 2014 to September 30, 2016? 
2. Were the 2016 amendments to the City’s Taxi By-law unlawful? 
3. Did the City’s conduct in allegedly negligently enforcing the Taxi By-law or in amending the Taxi By-law in 2016 infringe on the rights of Taxi Plate Owners under s. 15 of the Canadian Charter of Rights and Freedoms or s. 3 of the Human Rights Code? 
4. Did the fees collected by the City under the Taxi By-law constitute an unlawful tax? 
5. Are damages assessed in the aggregate an appropriate remedy?

The court certified the representative plaintiffs as Metro Taxi Ltd., Marc Andre Way and Iskhak Mail.

In January and February 2023, the trial of the common issues was held over seven weeks in Ottawa before Justice Marc Smith. At the outset of the trial, common issue #2 was dismissed on consent of the parties. During the trial, common issue #5 (whether damages should be assessed in the aggregate) was deferred to a later stage in the proceeding.

After the first phase of the trial, the parties submitted written closing submissions. On November 28 and 29, 2023, the parties made their oral closing submissions.

On May 13, 2024, Justice Marc Smith released his trial decision on common issues #1, #3, and #4. He held that:

(a)     The City was negligent in enforcing the Taxi By-law from September 1, 2014 to September 30, 2016.

(b)     The City’s conduct in allegedly negligently enforcing the Taxi By-law or in amending the taxi by-law in 2016 did not infringe on the rights of the taxi plate holders under s. 15 of the Canadian Charter of Rights and Freedoms or under s. 3 of the Ontario Human Rights Code.

(c)     The fees collected by the City under its taxi by-law do not constitute an illegal tax.

The continuation of the proceeding is currently being scheduled. The next step in the proceeding is to continue the trial for the outstanding common issue (common issue #5), which deals with whether damages can be assessed in the aggregate. This means that the court will hear evidence and make a decision on whether the damages for the class members can be calculated together, or each class member has to prove their damages individually, one by one. 

• A trial management conference will be held on June 28, 2024 before Justice Marc Smith. The purpose of this trial management conference is to create a timetable for the next steps in the proceeding. 

• Metro Taxi Ltd. et al. v. City of Ottawa, 2024 ONSC 2725 (Trial Decision).
• Written Closing Submissions of the Plaintiffs, dated April 6, 2023.
• Written Reply Submissions of the Plaintiffs, dated June 1, 2023.
• Metro Taxi Ltd. v. City of (Ottawa), 2018 ONSC 509 (Certification Decision).
• Amended Amended Statement of Claim, dated May 15, 2017.

For media inquiries and class member inquiries, please contact:

taxiclassaction@conwaylitigation.ca

1. What is a class action?
   A class action is a lawsuit that allows a group of individuals with similar issues to advance a legal claim together. Class actions provide an efficient way for larger groups with common claims to bring a lawsuit
   
2. What is certification? The court must first certify whether the claim should proceed as a class action. Courts consider whether the claim gives rise to a cause of action, whether there is an identifiable class of persons with issues in common, and whether a class action is a preferable procedure. The court will also approve representative plaintiff(s) who will advance the action on behalf of the class members.
   
3. Am I a class member?
   If you are an individual included in the description of one of the classes, you are a class member. You were automatically included in this class action and remained a class member unless you opted out.
   
   If you are a class member and did not opt out, you may benefit from any settlement or damages that are awarded or obtained in the lawsuit. You will be bound by any court order in the proceeding. However, court orders will only bind you in respect of the claims advanced in the class action.
   
4. Do I need to provide documents to be a class member?
   We recommend keeping any relevant documents regarding your taxi plate owner or taxi broker license to support your claim for compensation in the event that a settlement or judgment arises from this class action.
   
5. When will I be paid?
   Damages will not be paid unless there is a settlement or the court proceeding, including all appeals, are completed and the court orders the payment of damages. No settlement has been reached. Therefore, the court proceeding will continue. The next step in the proceeding is to continue the trial for the outstanding common issue, which deals with whether damages can be assessed in the aggregate. This means that the court will hear evidence and make a decision on whether the damages for the class members can be calculated together, or each class member has to prove their damages individually, one by one. Please visit this page for further updates as the case proceeds in court.
   
6. How will damages be determined?
   Any damages award must be either approved or ordered by the court. If there is a settlement, the court must approve it before it is finalized. If there is no settlement, the court will determine the damages award that will be paid to class members. 
   
   The next step in the determination of damages is for the judge to decide whether damages can be assessed in the aggregate. This means that the court will hear evidence and make a decision on whether the damages for the class members can be calculated together, or each class member has to prove their damages individually, one by one. If the court decides that damages have to be proven individually, the court will set out the process to be followed.
   
   Note: A damages award is different from a costs award. A damages award is intended to compensate class members for the losses they sustained. A costs award is intended to recover legal fees expended in the proceeding. The award of costs is determined separately from the award of damages. If the case is ultimately successful, including on any appeals, the court will decide how much is to be awarded in damages (compensation for losses) and costs (legal fees) and to whom such damages and costs are awarded.