An Uber Quick Ride in Oshawa (City) v Greaves

Yona Gal, J.D., LL.MAdministrative Law, Appeals, By-laws, Judicial Review0 Comments

What is the definition of a taxi ride? A version of this question recently arrived at the Ontario Court of Justice in Oshawa (City) v Greaves. An Oshawa by-law makes it illegal to operate a taxicab without a valid license.  Last year, as part of a project concerning unlicensed taxicabs, a municipal by-law officer ordered an Uber in Oshawa.  When the Uber arrived at the requested location, the driver found himself collecting a by-law infraction charge instead of a waiting passenger.  On appeal before the Ontario Court of Justice, counsel for the driver argued that the driver did not illegally operate a taxicab because no taxi ride occurred. Nonetheless, the Court upheld the by-law charge.  The Court relied on the standard approach to statutory interpretation, which reads a statute by its “grammatical and ordinary sense” in light of the broader objectives and intentions of the legislation.  Central to the Court’s … Read More