'Systemic issue': Class-action filed against Uber, Lyft alleges lack of accessibility in B.C.
A B.C. law firm has launched a class action lawsuit against Uber and Lyft alleging people with physical disabilities who require wheelchairs or similar devices, have been unable to access the ridesharing services.
The class action was filed at the B.C. Human Rights Tribunal and names David Sheldon as the complainant. According to the filing, Sheldon is an incomplete tetraplegic who is dependent on a motorized wheelchair for movement. Around December, 2023, he tried to access Uber and was prevented from using their services because they were not wheelchair accessible, as per the filing.
Saro Turner, a lawyer with Slater Vecchio, the law firm behind the class action, said it’s bringing this case forward for two reasons: the first is access to justice, and the second is looking to alter how these companies operate.
“The physically disabled community needs to be able to get around and they need to have fair and equal access, reasonable access, to transportation services,” he said. “Behaviour modification is primary here so that the conduct changes for everybody.”
Uber ordered to pay
Sheldon’s experience is not unique. Earlier this month, the BC Human Rights Tribunal ordered Uber to pay Martin Bauer, who uses a wheelchair, $35,000 after finding the rideshare company discriminated based on disability since it began operating in the region. The tribunal also gave Uber a one-year deadline for providing accessible rides.
Bauer filed a complaint with the tribunal soon after the service launched in B.C. in January, 2020.
Turner said Baur’s complaint proves the tribunal takes these issues seriously.
“It certainly crystalized that the human rights tribunal is open to compensation in a complaint like this where this sort of conduct is put at issue,” he said.
Helaine Boyd, the executive director of the Disability Alliance BC, said she’s optimistic the class action will be successful.
“This really demonstrates to society and the public at large that this a larger issue than just Martin Bauer and that Uber and Lyft and other ride-hailing services have the responsibility to make changes,” Boyd said.
She added she’d like to see companies like Uber and Lyft consider the needs of other people with disabilities such as those who are visually impaired.
“There have been instances in which people who are blind, people, who are deaf have also been denied access to the ride-hailing services,” she said. “This is a larger systemic issue in which they really need to look at the accessibility of their services.”
‘We comply with local laws’
In a statement to CTV News, Uber said, “Our technology and the transportation provided by drivers has transformed mobility for many people, and we’re continuously innovating to support everyone’s ability to easily move around their communities.”
The statement added, “We comply with local laws on accessibility, paying fees and/or having a WAV service available. In BC, the government chose to require rideshare platforms like Uber to pay a per-trip fee relating to accessibility. To date, tens of millions of dollars have been collected from the ride-share industry. However, only a small portion of money has been allocated and only to taxi owner-operators. Ride-share drivers are prohibited from accessing the fund and expanding transportation options.”
The per-trip fee was raised in Bauer's case, but the decision found that it is not something that the company pays "in lieu" of providing accessible services. Instead, it found that the fee was meant to "incentivize" the company to make its rides accessible and did not absolve it of the responsibility of complying with the BC Human Rights Code.
CTV News reached out to Lyft and will update this story if we receive a response.
Turned said anyone who has a physical disability and requires a wheelchair or similar device and has been denied access to transportation services from either Uber or Lyft in the last few years can contact Slater Vecchio to take part in the class action.
CTVNews.ca Top Stories
Solar storm puts on brilliant light show across the globe, but no serious problems reported
A powerful solar storm put on an amazing skyward light show across the globe overnight but has caused what appeared to be only minor disruptions to the electric power grid, communications and satellite positioning systems.
'It was violent': Police tear down U of A pro-Palestinian encampment Saturday morning
Multiple people at the protest camp torn down at the University of Alberta campus Saturday say police's actions against protesters were "violent" and "disproportionate."
'I am angry': Alberta farmers will continue fight over world class motorsport resort
The rolling hills leading to the hamlet of Rosebud are dotted with sprawling farms and cattle pastures -- and a sign sporting a simple message: No Race Track.
'My family doctor just fired me': Ontario patients frustrated with de-rostering
Dozens of Ontarians are expressing frustration in the province’s health-care system after their family doctors either dropped them as patients or threatened to after they sought urgent care elsewhere.
Potentially toxic chemicals hide in our drinking water and countless household objects, and they're not going anywhere
For decades, North Bay, Ontario's water supply has harboured chemicals associated with liver and developmental issues, cancer and complications with pregnancy. It's far from the only city with that problem.
Suspect sought after fatal slashing in downtown Toronto
Police are searching for a suspect in a homicide investigation after a man was slashed in downtown Toronto on Sunday.
Canada Post cracks down on Nunavut loophole to get free Amazon Prime shipping
Amazon's paid subscription service provides free delivery for online shopping across Canada except for remote locations, the company said in an email. While customers in Iqaluit qualify for the offer, all other communities in Nunavut are excluded.
'Increased fire activity' expected for Fort Nelson, B.C., blaze
A wildfire near Fort Nelson, B.C., that forced thousands to flee their homes grew almost 800 hectares overnight Saturday, according to officials.
Blinken delivers some of the strongest U.S. public criticism of Israel's conduct of the war in Gaza
Secretary of State Antony Blinken on Sunday delivered some of the Biden administration's strongest public criticism yet of Israel's conduct of the war in Gaza, saying Israeli tactics have meant "a horrible loss of life of innocent civilians" but failed to neutralize Hamas leaders and fighters and could drive a lasting insurgency.