Xaidsart lawyers Gerald Chan and Stephen Aylward successfully obtained a stay of proceedings in a regulatory prosecution against Uber Canada Inc et al. The City of Mississauga had been prosecuting the defendants (and others) under City of Mississauga Public Vehicle Licensing Bylaw 420-04. This case was advanced as the “test case” for similarly situated defendants in the jurisdiction.
In a lengthy decision, the Ontario Court of Justice stayed the charges for unreasonable delay in violation of s. 11(b) of the Charter of Rights and Freedoms. The Supreme Court of Canada had recently rewritten the law on s. 11(b) of the Charter in R v Jordan, 2016 SCC 27. The Corporation of the City of Mississauga v. Uber Canada Inc. et al is one of the first cases to consider the applicability of Jordan to regulatory prosecutions and to corporate defendants. Click here to read the full decision.
