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City of Edmonton injunction request against Uber adjourned

WATCH ABOVE: The city’s request for a court injunction against Uber operating in Edmonton has been pushed back to March 26. Emily Mertz explains.

EDMONTON — The City of Edmonton and Uber appeared before a Court of Queens Bench Tuesday after the city filed a request for an injunction to stop the ride-sharing company from operating in Edmonton.

READ MORE: Battle between Uber and the City heats up in Edmonton

During the brief court appearance the judge concluded the case could not be resolved that day: “It doesn’t look appropriate for a morning chambers application.”

The injunction against Uber is now scheduled to be heard on March 26.

“The delay is unfortunate but it’s not that much of a delay,” said Edmonton Mayor Don Iveson.

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“Realistically, it is a complex matter for the courts to hear. A few weeks is not the end of the world.”

Uber has been operating in the city since late last year, but under current legislation, the vehicles are considered bandit taxis.

READ MORE: Edmonton council passes motion that could put the brakes on Uber – temporarily

In January city council passed a motion and asked Uber to voluntarily stop operating in Edmonton until it either complies with the vehicle-for-hire bylaw or until council changes current regulations. But the company fired back and started offering free rides, and later paid rides, so the city filed the injunction.

On Tuesday, City of Edmonton lawyers accused Uber of wanting to have the case adjourned so it could continue to ignore the city’s order. City officials said they will keep up with enforcement prior to the scheduled court date.

“Uber is still in violation of our bylaws,” explained city spokeswoman Cheryl Oxford.

“While we were hoping to be able to work with them and have them honour what the city was asking them to do, they haven’t done so.

In a statement to Global News, Uber spokesperson Xavier Van Chau said:

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“The City of Edmonton has recognized the need for a new regulatory framework for ride-sharing alternatives like Uber and we remain committed to working with Mayor Iveson and City Council to find solutions.

“It is disappointing, however, that despite the vocal support of over 12,000 Edmontonians, taxpayer dollars will continue to be spent on drawn out legal proceedings.”

Iveson said the city is continuing to work with companies on regulations surrounding transportation services, but that current laws must be enforced to protect public safety.

“Our vehicle-for-hire bylaw, we feel, is being broken by Uber operators. At this point, we can’t ensure the safety of the public using the system around issues related to background checks, issues related to vehicle licensing, issues related to vehicle insurance, which should be a concern for all of us.”

“Some of the insurance questions have weighed heavily on council and I think a resolution on all of those things is important to us.

“At the same time, we are continuing to work with transportation network companies,” said Iveson.

“I wrote to Lift and to Sidecar – two of the other providers who are active in this market space – to engage them to say ‘we’d like your input in looking at what regulations for transportation network companies would look like.’

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“We’re very much still examining our options here, but in the meantime, while the law is what it is, it’s important that we enforce it for public safety.”

WATCH: As the Uber debate continues, Eric Szeto tests out the service to see how it compares to regular taxis.

In its affidavit, Uber claims it is a technology business and its apps are used to communicate and the company doesn’t accept calls.

“Uber does not own or drive vehicles for hire, as defined by Bylaw 14700 and does not ‘operate, cause or permit’ the operation of such vehicles in Edmonton,” the affidavit reads.

The document also notes that 20 U.S. jurisdictions have enacted new regulations to address point-to-point transport services. The San Francisco-based company operates in more than 260 cities around the world.

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The Uber affidavit also claims: “there are at least eight individuals who sought to gain access to the driver app who were current, licensed, Edmonton taxicab drivers and who failed to meet the requirements of the background checks.”

None of the statements in the affidavit have been proven in court.

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