WATCH ABOVE: A judge denied the City of Edmonton’s request for an injunction to stop Uber operating in the city.
EDMONTON — A provincial court judge has denied the city’s request for an injunction against ride-sharing app Uber.
The City of Edmonton had filed the injunction in the hopes of stopping Uber from operating in the city. It said Uber drivers were operating illegally within city limits, running vehicle-for-hire services while not meeting the city’s licensing or insurance requirements.
The Court of Queen’s Bench decision was filed April 1. (You can read it in full below).
Justice Michelle Crighton said there wasn’t enough evidence that what Uber was doing was enough to be considered operating a business.
“In the end, the City has simply failed to meet its burden to prove a prima facie clear and continuing breach of Bylaw 13813 or 14700 by Uber Canada,” wrote Crighton.
“The application for an interlocutory injunction is denied.”
Crighton also said encouraging people to download the app isn’t illegal and that it’s up to the driver to decide whether to take an Uber fare.
Uber’s Canadian spokesperson said the decision speaks to the need to update current bylaws.
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“With this court decision, it’s clear the best path forward is one of collaboration, leading to modern regulations on ridesharing,” said Xavier Van Chau.
“We are committed to working with the City to ensure they can continue to drive innovation, support expanded transportation options and help create thousands of driver partner opportunities in Edmonton.
“It’s worth noting that this court ruling concludes that city regulations may lag advances in technology and this is something we firmly believe to be true for ridesharing,” Van Chau added.
The city said it is still reviewing the decision.
A spokeswoman added a permanent injunction request is still before the courts and the on-road enforcement continues. City administration is still committed to providing council with a report on how the bylaws could be amended.
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 March 3. It was put over to March 26.
READ MORE: City of Edmonton injunction request against Uber adjourned
“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.”
The city previously said it wanted Uber to stop operating until it could operate legally in Edmonton or until the city could modify its bylaws to appropriately accommodate new elements of the industry, like ride-sharing apps.
“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,'” said Mayor Don Iveson in March.
“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.”
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