Taxi widows win injunction against City Hall

 

judidoris

 

FOR IMMEDIATE RELEASE

 

TORONTO TAXI WIDOWS WIN INJUNCTION AGAINST CITY HALL:
TORONTO MUST DELAY CHANGES UNTIL FALL COURT HEARING

(TORONTO, Ontario – June 26, 2014) – A group of taxi widows were successful in convincing a judge to grant an injunction to stop the City of Toronto from imposing sections of a new taxi licensing regime scheduled to become effective July 1, 2014.

The Honourable Justice D.G. Stinson of the Ontario Superior Court of Justice issued an injunction against the City from acting upon or implementing those sections of the new by-law that prevented a purchaser of a Standard Taxicab or the estate of a deceased Standard Taxicab owner from being issued a Standard Taxi License (STL) after June 30, 2014.

The Toronto Taxi Alliance filed the motion for the injunction on behalf of the taxi widows and all standard plate owners. The Toronto Taxi Alliance has applied to Ontario Superior Court to have the motions passed by Council on February 19th quashed. The hearing date is set for fall, 2014.

Arguments on the injunction were heard in Ontario Superior Court at 361 University Avenue on June 25. The decision was released at about 6pm.

When told of the news the taxi widows and other standard plate owners were elated.

“We are very pleased with this decision. We feel our concerns have been validated by Ontario Superior Court, and we look forward to having the opportunity to present our full argument in the Application to Quash,” said Joel Barr, a Standard Taxicab owner and member of the Toronto Taxi Alliance.

“The Court has recognized that there will be irreparable harm to standard plate owners if the operation of the by-law was not suspended until the court determined the validity of the by-law on the Application to Quash.”

The court also ordered that if the by-law is upheld on the hearing of the Application to Quash, then those persons who acquired an STL after June 30, 2014, would not have any right to claim that they should be treated as if they had been an STL holder on or before July 1, 2014.

“The City’s proposed changes would destroy the lifetime investment of hundreds of cab drivers and their families and will hurt vulnerable people,” Barr said.

“For almost 50 years, Toronto has assured the taxi industry that investing in a Standard Plate was an investment in a business which would help provide income and a retirement nest egg. The taxi industry has held up its part of the bargain, and helped Toronto build one of the best taxicab services in the world. Now, Toronto wants to renege on the deal to the severe detriment of elderly drivers, their widows and their families,” Barr said.

After three years of negotiations with the taxi industry, Toronto City Council ignored the recommendations of its own Licensing and Standards Committee and passed motions on February 19th to overhaul the taxi licensing regime. The changes to the Toronto Municipal Code Chapter 545 were approved by Council on June 13 and were scheduled to come into effect on July 1.

Among other changes, the new regime would replace the Standard taxi plate with a Toronto Taxicab License (TTL). TTL owners must operate the cab themselves and cannot lease them out and generate income the way Standard plate owners can under the current rules.  All TTL license will require the owner to purchase and operate a wheel-chair accessible vehicle. Further, the restrictions and conditions associated with the TTL would severely dilute the value of the Standard taxi plate.
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Here is a DRAFT document resulting from the injunction hearing today. Final version to follow; the gist of the decision is here but the language may change slightly.

Media contact:
Rita Smith
Toronto Taxi Alliance
ritasmith@rogers.com

About the Toronto Taxi Alliance
The Toronto Taxi Alliance represents the vast majority of Standard Taxicab owners, brokerages, fleets, agents, and many Ambassador permit holders. The member brokerages of the TTA represent more than 4,000 of the 4,800 taxis on the road.