Michele A. Wright

The applicant, the lowest bidder on a municipal construction contract, sought judicial review of the City of Toronto's decision to award the contract to a competing bidder.

The applicant brought the application before the Superior Court of Justice without seeking leave under section 6(2) of the Judicial Review Procedure Act.

The court declined jurisdiction, holding that applications for judicial review must be brought before the Divisional Court in accordance with the Act and the Consolidated Practice Direction.

The application was dismissed for being brought in the wrong forum.

The plaintiffs, taxicab plate owners, brought a proposed $1.7 billion class action against the City of Toronto, alleging negligence in the enforcement of its taxicab bylaws against Uber and in the enactment of a new bylaw permitting private transportation companies.

The plaintiffs moved for certification under the Class Proceedings Act, 1992.

The court dismissed the certification motion, finding that the pleadings failed to disclose a reasonable cause of action.

The court held that the City's enactment of the bylaw was a legislative function immune from private damage suits, and its enforcement of the bylaws was a public duty that did not create a private law duty of care to the taxicab plate owners for pure economic losses.