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City Council is getting set to impose a $150 fine on cars that stop in signed “No Stopping” zones during rush hours. Sure, taxis are exempt thanks to a longstanding bylaw permitting them to drop off and pick-up fares but what do you want to bet Toronto Police start dishing out tickets anyway?

See story, page 5Editorial and letter, page 6

Curbside tax anyone?

Review scheduledelayed… page 2

New boss at MLS… page 5

A plan to tackledowntown… page 7

This month’s Cover Cab is six-year veteran Shirley Marashi, a native Torontonian. She says people are often shocked to discover their taxi driver is a woman but in six years on the road she has never been threatened. Marashi’s only complaint is

there are too many cabs.

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Feb 2012 Vol. 27 No. 2

2 February 2012

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by Mike Beggs

The prospect of a work stoppage at city hall has thrown a bit of a wet

blanket on industry hopes for the ongoing Toronto Taxi Indus-try Review.

The industry is still anxiously awaiting a schedule for upcom-ing meetings, on the heels of the initial December 8 Stakeholders Meeting. And with the 17-day countdown winding down from a No Board Report (at press time), taxi types may now see the Re-view pushed back for some time -- potentially well beyond the mid-2012 deadline laid out by Toronto Municipal Licensing & Standards (MLS).

Noting that it was three months behind schedule kicking off, and the City has not been updating the

web site as promised, veteran own-er/operator Andy Reti suggests the long-awaited Review could easily get shoved to the back burner.

“We have no choice but to wait and see what the City will do. There’s no point jumping to con-clusions. The ball is in their court, and if there is a labour disruption you can rest assured it won’t be done in a year,” he says.

Lucky 7 Taxi owner Lawrence Eisenberg agrees, “It’s likely it’s going to end up being put on hold. I haven’t heard about any dates since (the Stakeholders Meeting).”

“I don’t see any change at the moment. I hear a lot of talk so far. Everything’s lip service, you go with the flow. You don’t have a choice.”

With his group among those calling for the contentious con-

version of Ambassador plates into Standards, iTaxiworkers’ ex-ecutive director Jacob Leibovitch comments, “There have been a lot of delays from the City and we are getting nervous about how this is playing out. I think people want to hear from the City, that they’re going to listen to everyone and not just those who may have deeper pockets and can lobby the most people.

“It’s hard to see how they’re go-ing to get this done in the timeline they articulated (in light of the la-bour situation). But the City has to be able to walk and chew gum at the same time.”

Now sitting in limbo, Beck Taxi office manager Kristine Hubbard says industry members can’t help but feel somewhat, “deflated”. Deeming the Ambassador program

a failure – with drivers tethered to their non-transferrable plate under difficult restrictions (no second driver. etc.) -- Beck management is also advocating a phased in conversion, atop its’ wish list of issues.

“I think the worst part is, we were very encouraged something was going to happen soon,” she offers. “The first meeting, every-body was revved up. We have all these important issues and urgent matters.”

According to Hubbard, another Ambassador driving under the Beck banner was recently found dead in his apartment of a heart at-tack, at the age of 53.

“It isn’t a matter of, ‘Let’s give them a plate,’” she continues. “It’s, ‘Let’s remove the stress they feel every day.’ These are real peo-ple. That’s why the timeline is so important to us, before something else happens.”

Reti was among those peeved that the City arbitrarily set the agenda for the December work-shop -- including the controversial item of a Uniform Taxi For Toron-to, while excluding the longstand-ing issue of the airport exemp-tion (which costs Toronto cabbies many millions each year).

“The City put on a good show of respect for the process. But they set up the agenda, which is what we had to discuss,” he says. “The parameters certainly were new. The respect that was given to the process was certainly unprece-dented, but until they prove other-wise, show me the money.”

Reti is among those who have been fighting for removal of the airport exemption for the past 30

years. During the last big push on this in the late 2000’s, he says the City, “sadly, pushed us out of the way.”

Peter’s Taxi owner Peter Man-dronis also considers the airport exemption one of the key issues, “because the drivers, they lose a lot of money every day.”

He would offer no comment on conversion, but sees the transfer-ability of plates and the ability to incorporate (to limit liability, and get tax breaks) as other top priori-ties in the Review. “People, they spend 50 years in the industry, and all of a sudden you’re forced out,” he comments. “How can you get the young people involved in the industry?

“I hope they will find a solution. We’ve been waiting for so long. You can’t go with the old, outdated by-law, which (former Councillor) Howard Moscoe changed in mid-stream, to handicap the owners. When I bought my license, they didn’t tell me I couldn’t incorpo-rate or expand my business.”

On the road for over 50 years, owner/operator Bob Boyd concurs that “two or three of those by-laws need to be stricken down. Not be-ing allowed to buy another plate. That just dampens down on ambi-tion, totally,” he says.

“And it’s a very repressive by-law (regarding estates), that you must sell the plate within a year. I’m not a wealthy man, and I want to leave that to my wife to comple-ment her pension.”

Eisenberg maintains the City is already saturated with plates, and that the market could not bear the conversion of Ambassadors into

• see page 5

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by John Q. Duffy

A new Executive Director has been appointed to lead Municipal Licens-

ing and Standards. Tracey Cook will take over the

reins from Acting Executive Di-rector Bruce Robertson, effective January 30, 2012.

Robertson replaced former Ex-ecutive Director Jim Hart last year amid controversy over possible

interference in an MLS investiga-tion, revealed in a scathing City Ombudsman Report about how the City, and specifically MLS, dealt with a citizen.

Hart was moved from MLS to head the City’s Parks, Forestry and Recreation Department.

An internal City news release dated January 13, signed by Dep-uty City Manager John Livey, addressed to Mayor Rob Ford,

members of City Council, City Manager Joe Pennachetti, MLS staff and City Division Heads says Cook was appointed following a candidate search process.

According to Livey’s memo, Cook has, “more than 27 years in emergency response, investigative services, and security expertise.”

She is expected to focus, ac-cording to the announcement, “on improving customer service and

satisfaction, leadership, financial planning, improving processes and building good relations with staff and stakeholders.”

Cook’s most recent experience was Area Vice President for Secu-ritas Canada responsible for all op-erational and financial aspects of the business, “with a focus on cus-tomer service, financial metrics, human resources, labor relations and efficient service delivery.”

Before that job, Cook was Di-rector, Canadian Field Security Operations at Coca-Cola, “respon-sible for developing a security management program, including

all investigative protocols, loss prevention programs and influenc-ing business process change.”

Cook also rose to the rank of Detective in the Toronto Police Service after 18 years of service.

During her stint with Toronto Police she received the Chief of Police Award and the Queen’s Golden Jubilee Medal for her work setting up a soccer camp for “eco-nomically disadvantaged youth.”

Her offices will be on the 16th Floor, City Hall West Tower. She can be reached at 416-392-8445.

City appoints new MLS Executive Director

Nightmare fare lands victimized T.O. taxi driver in Barrie jail

by John Q. Duffy

A Toronto taxicab driver has been charged in con-nection with a Decem-

ber 29, 2011 home invasion and robbery in the City of Barrie.

Beck Taxi has hired a Barrie area lawyer, Gary Picard, to de-fend the 54-year old driver, Zaheer Danwer, who was charged with dangerous driving.

Kristine Hubbard, of Beck Taxi, called the driver “a victim” who was intimidated by the frantic de-mands of his passengers escaping the scene.

The driver was charged, ac-cording to police, because he was speeding, ran red lights and failed to stop at stop signs during his pas-sengers’ escape attempt.

Hubbard commented, “This is how cab drivers die. When people are in the back seat screaming at him and they’ve just committed a crime, what was he going to do, stop at the red light?”

She continued, “We have got a lawyer for the driver, but the driv-er still has to go to Barrie to get

his prints and photo taken, which is disappointing.”

This is even more difficult for him as he works nights, Hubbard said.

No weapon was seen, Hubbard said, and this was confirmed by a Barrie police spokesperson, who also noted photos from the taxicab security camera showed no evi-dence of a physical assault on the driver.

Danwer has been driving cab for about seven years, he said, al-ways with Beck, working the night shift.

He said he’s become “used to it I don’t want to change my hours, and there is less stress at night.”

Danwer said he picked up two male fares in Toronto at about 8 PM and was asked how much it would cost to take them to a Barrie address and back. He quoted them a price of $400, they offered $300 instead and Danwer accepted.

He was paid $100 in cash up front.

There was nothing unusual about this transaction, and noth-

ing in the passengers’ actions or demeanor to indicate this fare was going to be a problem.

“They were normal guys,” Danwer said. “They talked to me, ‘How are you,’” and they asked if he wanted some coffee.

He told them he did not know Barrie, “So they gave me direc-tions (to the destination address).”

Danwer waited in his cab while the two went into the home, “about 10-12 minutes, then they came out in a rush.”

The fares had allegedly imper-sonated police officers, entered a home, handcuffed a 20-year old occupant and stole a safe purport-edly containing cash and mari-juana.

Danwer did not see the passen-gers bring the safe into his cab, Hubbard said.

Danwer only realized some-thing was wrong when he heard his passengers excitedly talking in the back seat and he heard some “metallic” sounds coming from the electronic keyboard on the

• see page 14

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by John Q. Duffy

Toronto’s biggest taxicab brokerage has presented City councillors with

its recommendations on how to reform the industry as a part of the City’s ongoing taxi industry review.

The paper contains not only re-form recommendations for both the short list of City agenda items for the taxi review, but also dis-cusses issues raised by the indus-try.

It attempts to dispel myths about the Ambassador Taxi program, contains a detailed critique of the Ambassador program and exam-

ines Toronto’s restrictive rules on taxicab license transferability compared to other North Ameri-can cities.

It summarizes a consumer sur-vey commissioned by the compa-ny about customer perceptions of the industry.

Finally, it compares plate val-ues and plate transfer rules in six North American cities.

The presentation is endorsed by 14 taxi industry companies, fleet operators and driver groups, in-cluding Kingsboro Taxi.

The Mayor and all Toronto councillors have received a copy of the Beck submission.

The paper pulls few punches in its bleak assessment of the present economic state of Toronto’s taxi industry, while showing that there is widespread consumer satisfac-tion with taxi service quality.

Beck General Manager Gail Souter commented in a long and comprehensive interview with Taxi News about the present state of the industry.

“It’s a mess,” she stated.She is particularly concerned

with the role of Designated Agents, saying agents are not really neces-sary. They drive up drivers’ leasing as they are paid as much as $500 a month to manage a taxi license.

“Why?” Souter asks. “Because they get greedy.”

Plus, she charges that lessees are often forced to buy junky cars provided by agents in order to get a plate to drive.

She further maintains that too many agents are managing more than 100 cars each, while putting no value into the system.

As well, Souter asks, “Where’s the accountability?”

She says agents argue they have things to offer, “But I challenge anyone to tell me what it is.”

Souter states, “They’re not needed in the industry. They’re not.”

There should be a direct rela-tionship between lessee and own-er, she says. In effect, the lessee would become the agent, directly responsible for managing the taxi.

This would not be a big change, in fact, because for as many as 75 percent of the leases in the City, Souter says, the lessee is respon-sible now for buying the car, pay-ing for insurance and maintenance and other expenses.

Lease agreements should clear-ly define the legal responsibilities of both the license owner and the lessee, Souter maintains.

If subleasing is found, and Sout-er has no doubt it is common, the plate owner should face fines, re-

vocation or suspension.Garage owners could also be

able to lease under a new system as, “They are responsible opera-tors.”

She says sometimes there isn’t even a lease agreement in place.

Changes to leasing can be brought in over time to allow for orderly change.

Souter’s other major concern is to convert Ambassador permits into Standard plates, saying con-version, “Is long, long overdue.”

The industry will cope with any extra shifts on the road, as Souter says most will cover night shifts. Many Ambassadors are on the road 16 hours anyway.

Any impact can be lessened by phasing in conversion over a num-ber of years, while gradually get-ting the ratio of cabs to population to a more reasonable level.

With perhaps as many as 12,000 licensed cab drivers now looking to work 3,480 Standard plates, she says, “It is very unhealthy. We need to free up those 1400 (Am-bassador) plates. We need a proper formula to deal with the problem.”

She also questions why the City is licensing new cab drivers under 25 years old as under most insur-ance policy rules, cab drivers un-der 25 are not insurable.

In the Beck submission’s Intro-duction it states, “The taxi industry in Toronto has become a dysfunc-tional system that no longer serves the public, the City or the indus-try.”

It asks the City to treat the in-dustry in a “more businesslike manner that will put the interests of Toronto’s consumers and the free enterprise nature of the indus-try first.”

Key recommendations include: ending the Ambassador program, correcting long-standing problems with the taxicab leasing system, including phasing out designat-ed agents, adding more taxicab stands, commissioning a truly in-dependent study of the industry and easing of the license transfer rules.

The City needs to get back to a businesslike approach to the in-dustry, the report says.

“No one wants City Council to own and run the taxi industry – that is the job of business. But what we do want and need is sensible and workable regulations that allow the industry to thrive and grow,” it argues.

The report states, “City Hall provides the regulatory framework and the private sector provides the capital, the management skills and the workforce.”

Ambassador plates should be converted to Standard plates with the best features of both “harmo-nized.”

Wheelchair accessible taxis should also be converted to Stan-dard licenses.

The City should do a study to determine the optimum number of taxis and drivers.

Standard licenses should be transferrable.

Creating a single dedicated ve-hicle type is not a good idea as it would be an expensive proposition using an unproven vehicle.

On demand accessible service must be studied. The province re-quires all these vehicles to be ramp equipped. The financial onus is put on drivers. The province should provide financial assistance to im-plement this program.

Leasing regulations must be “defined.” New lease agreements “should be effective for all leases including current (ones). Those caught subleasing should be sub-ject to suspension and fines. A framework to gradually eliminate agents is needed. Lease agree-ments should show both the owner of the plate and the owner of the vehicle (split ownerships). Vehicle owners must be the lessees and this should be recognized in lease agreements. Multiple lease agree-ments must be allowed.

The role of taxicab brokerages in the industry must be better de-fined. The submissions say, “the role of taxicab brokerages is to maintain and grow the industry by working for the drivers. Drivers are customers of brokerages as are riders. Drivers should not have to sign exclusive contracts with bro-kerages.”

The Beck submissions also includes seven items not on the City’s list.

The taxicab driver refresher course should be based on infrac-tions and complaints, not compul-sory.

Fleet operators must have lease agreements for every plate and must own the vehicles. Large fleets must be located in commer-cial buildings designated as garag-es or maintenance locations with adequate parking, with a mechanic on staff.

Driver health and safety must be promoted publically. Drivers must be better educated both to prevent injury and in conflict resolution strategies.

Consideration should be given to cabs to stop at the curb for up to 10 minutes (not during rush hours). Drivers ticketed for not

• see page 19

Beck makes lengthy and detailed submission to City cab review

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by John Q. Duffy

The city is set to raise fines for illegally stop-ping or parking on city

streets during rush hours.Fines for illegally parking or

stopping in prohibited areas will go from $40 for parking in No Parking zone and $60 for stopping in a No Stopping/No Standing zone, to $150 for both offenses.

As well, the fine will go to $150 for stopping a vehicle other than a bicycle in a bicycle lane.

The City wants to ease traffic congestion caused by drivers of cars, couriers and other delivery vehicles ignoring No Stopping and No Standing laws.

Taxicabs currently enjoy an ex-emption under City No Parking and No Stopping by-laws when they are actively engaged in pick-ing up and dropping off passen-gers.

Taxicabs are allowed a “reason-able” period of time to load and discharge passengers as a recogni-tion of customer service needs.

Normally this means cabs are allowed perhaps up to three min-utes of grace period, but to some

extent this time is at the discretion of ticketing authorities.

The exemption does not allow cab drivers to leave their cars, other than to help with luggage or escort disabled and other special needs passengers to their destina-tion doors, when required.

On the other hand, many cab drivers tell stories of how they get ticketed when exercising these rights under this exemption, with police and Parking Enforcement officers apparently unaware the exemption exists.

They say ticketing officers sim-ply tell them to fight these illegally issued tickets in court, even though contesting one of these tickets can cost the driver half a day of work.

Committee Chair Denzil Min-nan-Wong did not know this ex-emption existed, but said the in-creased fines proposal would not affect taxicabs.

According to a staff report con-sidered by the Public Works and Infrastructure Committee on Janu-ary 4th, “It is clear that in many instances motorists and delivery vehicles willfully disregard these regulations.”

Staff suggests some ways of helping to avoid and clear up backups caused by illegally stopped and parked vehicles can be through, “A combination of increased fines, directed enforce-ment patrols and towing.”

At the same time, staff recog-nizes that many businesses located on arterial roads with little or no legal parking available depend on curbside deliveries and other ser-vicing.

A separate report on how to deal with these delivery and service ve-hicles was rejected by the commit-tee and was sent back to staff for further study.

Essentially, staff proposed to create a separate parking permit system for “Courier/Delivery Ve-hicles.”

It was proposed that single vehi-cles would pay $600/year for such a permit, up to 10 vehicle fleets would be charged $5,000/year and each vehicle over the 10 in a more than 10 vehicle fleet would be charged $500 each.

Courier and delivery associa-tion representatives opposed this idea, calling it, “A giant tax grab.”

And they said many of these tickets their vehicles receive are routinely cancelled now.

And Councillor David Shiner commented that the scheme was little more than giving courier and delivery companies, “a get out of jail free card. It permits you to be above the law.”

Shiner said this is simply a “fee for those who can afford it.”

He suggested staff, “Go back and think again.”

Councillor Mike Layton com-mented, “I’m not sure we have it right, here.”

He questioned how this permit scheme would affect not-for-profit organizations and other charities that depend on public donations and can ill-afford the costs for the permits.

“In a rush to fill this need, we may not have it right,” Layton said.

And Councillor Gordon Perks commented, “My patience with courier industry is gone…they be-lieve they have the right to expro-priate public resources.”

Minnan-Wong agreed with the dissenters on committee, saying the proposal, “Is not ready to move to council yet.”

He also complained about the high costs of courier deliveries, noting that it cost him $36 to send a same day letter from his home to City Hall.

He suggested that this prob-lem become a part of the ongoing Downtown Transportation Study to be released sometime in the first half of this year.

Big fines for ‘No Stopping’ could mean trouble

‘No money, no business, game over!’

• from page 2

Standards, setting even more driv-ers loose on the streets.

“I think if they don’t start taking into consideration the taxi driver isn’t making any money, they’re going to have big problems,” he offers. “This becomes the bottom line -- no money, no business, game over.”

With more than 5,000 plates out there, he notes, “You have more guys vying for a piece of a pie that’s not there. I haven’t seen it improving.”

While deeming the Stakehold-ers Meeting, “a good baby step”, veteran garage owner Avtar Sek-hon is, likewise, taking a wait-and-see attitude to the process.

“There’s too may cabs in the city of Toronto. I have no clue what the solution is. That is out of the bag, it’s hard to put it back,” he says.

“They should use an issuance formula. They have to follow the other cities -- how many people per cab.”

He says the industry is “in bad shape”, and the City is unwilling to follow Montreal’s lead in cracking down on scoopers and hotel door-men taking the “cookie” – leaving

Toronto cabbies to fight tooth and nail for fares.

“I don’t think they’re going to stop (the scooping). And those days of the professional driver have gone. Now, they’re so hun-gry, the drivers are undercutting each other. I say, ‘You guys are not the friends of each other now, you are the enemies.’ It used to be if you got a flat tire, two taxi drivers came to help.”

Of the Review’s prospects, Am-bassador Khalil Talke answers, “It’s very hard to say. We don’t know where the City is going, or how they’re going to reform it. Everyone’s wondering.”

He lists the Ambassadors, leasing, and middle men as, “the whole problem in the taxi indus-try.”

Meanwhile, the iTaxiworkers were readying to launch a com-prehensive submission to the Re-view team at MLS.

“I think we’re going to stay focused on the priority of hav-ing equality in the taxi industry, and will continue to organize and build support for one industry, one standard,” Leibovitch states.

“We’ve taken the last six months to put together what we believe is a very fair submission

for this industry that will make it sustainable in the long term, and so that taxi drivers will finally be recognized for their professional role in the public transportation network of the city.”

While encouraged that under Mayor Rob Ford’s regime, “the Councillors seem to be hear-ing the worries of the working people”, he feels the City should bring in an independent party to oversee the Review.

“We have a concern about staff at MLS being in con-trol and writing the report,” he states. “The industry itself has to identify the issues that need to be dealt with. It’s not that the MLS doesn’t have a perspective to add, but they’re not a neutral party. We need somebody at the helm who’s going to ensure a Reform that’s going to be long-lasting and sustainable.”

While lauding Ford’s “open for business” credo, Hubbard concedes the industry has good reason to be worried.

“Who knows what’s going hap-pen tomorrow?” she says. “This whole Review, it’s still just cau-tious optimism. It’s a bit scary. Look what happened last time (in 1998).”

6 February 2012Editorial

John Q. Duffy Chedmount Investments Ltd.

38 Fairmount Cres. Toronto, Ontario, Canada M4L 2H4 Tel: (416) 466-2328 Fax: (416) 466-4220

Editorial

Letters to The EditorFebruary 2012

PublisherJohn Q. Duffy

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Art DirectionBerkeley Stat House

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Second Class Mail Registration #40050017. No reprint of editorial or advertising material in this publication is allowed without the express written con-sent of the publisher. The publisher does not assume any responsiblility for the contents of any advertisement and all representations or warranties made in such advertis-ing are those of the advertiser not the publisher.Letters continue on pages 13, 15 & 16.

As this is written, the City is getting set to impose a $150 fine on cars that stop in signed “No Stopping” zones during rush hours.

Back in 1978, then Metro Council at the urging of then Metro Councillor Joe Piccinnini, passed a by-law exempting taxicabs from No Stopping laws, as an initiative to provide good customer service.

It is very important to note, the exemption is only and specifically for the short periods of time when a cab is loading or discharging passengers. It is not to allow a cab driver to leave his cab in a No Stopping zone, or any variation of that theme.

At the January meeting of the Public Works committee, where up-ping the present fine from $60 to $150 for stopping in No Stopping zones during morning and afternoon rush hours was discussed and recommended, Committee Chair Denzil Minnan-Wong, apparently was not aware of the taxi exemption.

He assured Taxi News that the exemption will stand and taxicabs will not be subject to the new fines.

Here’s the problem: too many police are unaware of the existence of the exemption, and too many, if they do know of the exemption, simply don’t care, telling cab and limo drivers to fight the ticket in court.

Of course, while cab drivers should know of the exemption and what it allows and does not allow, many do not. If taxi drivers de-cide to contest these tickets, even if they win their case, the court appearance blows a minimum of half a day of work and the loss of that income.

With the state of the City’s finances these days, we have abso-lutely no doubt that the higher fines will result in a kind of police ticketing feeding frenzy, any taxi exemption be damned.

It is already happening at locations like the Kipling subway sta-tion, where as almost a daily occurrence, police ticket cabs for over-crowding taxicab stands. Spots like this are a veritable gold mine for the City, and we have no doubt No Stopping tickets will prove just as lucrative.

Perhaps we’re a bit cynical, but we also will not be surprised if some bright light on Council asks for a review of the taxi exemption with a view to taking it away. This is not a prediction - it is a fear.

That exemption for cabs is there for a good reason. People expect to be served, meaning they expect cab drivers to pick them up and drop them off where they want, not a block or two away.

This is particularly true of disabled people, both ambulatory and in wheelchairs, who need to be dropped as close as possible to their destinations, and sometimes need driver assistance. We already know of cases where cabs have been ticketed simply because they are serving disabled people as they deserve to be served.

We fearlessly predict that with the Accessibility of Ontarians With Disabilities Act now in force, we will see a host of complaints and charges come down the pipes directly related to service (or non-service) under this law. If police start ticketing cab drivers for stop-ping in No-Stopping zones during rush hours while they are serving disabled passengers, we can really see the legal stuff hit the fan.

The same goes for the apparent non-thinking about ground trans-portation for departing and arriving passengers in the plans for the newly configured Union Station. That is going to be one hideous mess if plans aren’t changed quickly.

So folks, be warned. We suspect your working lives are going to be much more dif-

ficult and expensive, very quickly.• • • • •

As we go to press the word is that a schedule of further Taxi Re-view consultations is being developed, but won’t be released until mid-February, or later. The reality is many, if not most, City Hall minds are right now struggling with ongoing labor negotiations. Plus there is a new boss at MLS. We can only suggest patience is a virtue. We still believe it is better to do the review right, than do it quickly.

Curbside trade

To the editor,

In 1998 a politically weak City Council legally (le-gally does not necessar-

ily make it justifiable) dumped 1403 Ambassador taxis into the midst of the Toronto taxi indus-try. Then it added insult to in-jury: it deserted the predicament it created. Because of that, two factions have become bitter ri-vals: the dog eat dog trend has cordiality and morale in the in-dustry at their lowest ebb.

To get our industry on its way to recovery in 4/5/8 years, it needs strong political will to pass the

right by-laws, which would put a simple formula in place: 1 taxi to 800 people. That also handles tourists and business travelers.

As recently reported by To-ronto Sun: this city’s population is 2,716,000 divided by 800 = 3,395 + 50 vehicles for cabs off road for various reasons = 3,445; about 450 standards are owner driven only, presumably half of that number, 225, should be added for comple-tion of complement = 3,670 - pres-ent 3,482 = 188 Ambassadors, which should be feasibly convert-ed after taxi review.

• see page 17

Industry needs simple, workable issuing

formula

To the editor,

If passed by City Council (without any amendments and any accompanying City

“advisory actions” being sent to its law and parking enforcement personnel), Toronto’s new $150 “no stopping” law is expected to seriously and unfairly financial-ly impact Toronto’s 5,000 taxi-

cabs, its 10,000-plus drivers and approximately 700 licensed lim-ousines. These drivers, taxi and limousine alike, are expected by the public and the City to stop and to pick up and transport pas-sengers in Toronto at all times. This includes the busiest and neediest times of day – those

• see page 20

Proposed ‘No Stopping’ bylaw could spell financial disaster

Did you catch the news story about the Beck cab driver who was charged by police in connection with a Barrie home invasion?

The driver apparently was being used as an unwitting get-away driver. After the robbery the alleged robbers got back into the cab and started screaming at the driver to get away quickly, scaring the stuffing out of him.

In response to the demands of the intimidating passen-gers, the cab driver allegedly drove dangerously, running a red light.

The driver told me he was advised by Duty Counsel lawyers at two police stations not to volunteer information when questioned by police.

So he gets charged.Let’s look at it from his side and the police side of the

equation.From the driver side, I ask: what was he, or any cab driv-

er, supposed to do in this situation? Was he trained how to react? What do police tell other victims in similar situations to do?

The answers to these three questions are: a) for his own safety, do what the criminals tell you to do, b) cab drivers are trained how to react, both in cab school and in refresher courses, and c) see answer “a).”

What are rape victims, or storeowners, or other people in banks being robbed told by police? Simple, don’t resist, do what they are told to do, gather as much information about the bad guy(s) as possible, and do what it takes to survive.

On a superficial level, I suspect we are all tempted to think this standard advice doesn’t apply to taxicab drivers, at least in the minds of some police.

(As an aside, I’ve been heartened to also read about vic-tims fighting back, refusing to be pas-sive sheep lead to the slaughter, and am cheered by those accounts.)

So now, for doing what he and other victims of crime are told to do by police, the cab driver gets charged. He must go though the stress of a seri-ous driving charge, thousands of dol-lars have to be spent on legal fees and the courts’ time is (hopefully) wasted. That’s one way of looking at it.

On the other hand, what are police investigators supposed to think and do

in this situation?Police have multiple independent witnesses who saw a

taxi allegedly driving, let’s just say, erratically, very badly and/or dangerously on city streets.

They look at the photos from inside the cab and see no

evidence of weapons or physical assault, according to a Bar-rie police spokesperson.

They know a crime has been committed in a residence.They have caught the two alleged perpetrators. But the big question mark in police minds has to be the

role of the driver of the getaway vehicle in this scenario. That person is not giving his side of the story, keeping his mouth shut, as is his absolute right and on the advice of two lawyers.

What are police supposed to do or think in this situation? They simply don’t have the information needed to make an intelligent decision.

One could argue that the police are well advised to lay the charge and let the courts sort it out. It’s a bit of a conundrum.

As a non-lawyer myself, I’m tempted to think the driver

was given bad legal advice. But the fact that two lawyers gave the driver the same advice probably means they know things I don’t. First among these is that after hearing the driver’s story in private, they feared that he would incrimi-nate himself and leave himself open to even more serious charges if he presented his version of events.

I’ve read about other instances where criminals have used cab drivers as unwitting accomplices. I will undoubt-edly read about more in the future. In most of these cases the hapless driver is not charged, as most police have more than a lick of common sense and decency. But if the drivers were immediately open and forthright during initial investi-gations, that may well have influenced police decisions not to lay charges against them.

The driver will be in Barrie on January 30 for fingerprint-ing and to get police photos taken. Then, later that day, his first appearance before the Barrie courts is scheduled. It is unknown if the driver will also be present at the hearing – I suspect his lawyer will have good advice on this question.

At this point, I sincerely hope some Crown Attorney in Barrie hears the driver’s story, uses his brains and quickly decides not to prosecute. I’m 100 percent on the driver’s side in this situation, based on what I have learned so far.

At the same time, I am not going to immediately jump to the conclusion that Barrie police should not have charged the driver – not when they were operating largely in the dark by not having his version of events because he was exercising his constitutional rights on the basis of qualified legal advice.

I do congratulate Beck Taxi for helping police catch the alleged criminals. I also congratulate and thank Beck for immediately stepping in and hiring a lawyer to represent the driver. It was a really decent thing for them to do.

I also hope Municipal Licensing and Standards takes the whole pic-ture into account when this driver’s license comes up for renewal. A Dangerous Driving charge in itself, regardless of any court decision, is usually enough to trigger an auto-matic non-renewal under Toronto’s Licensing Threshold system. In my opinion this should never happen if the accused is found Not Guilty or the charges are dropped.

7 February 2012Comment

rear view

Was taxi ‘getaway’ driver victim of criminals and police?

(Editor’s note: This month’s Cab Stand is a paper written by Peter Zahakos, General Manager and CEO of Co-op Cabs en-titled, Balanced Mobility: A Vision for Transportation Planning in Toronto.)

The City of Toronto is at a crossroads with respect to transportation planning. Transportation issues have been forced to the top of the political agenda and

many high-profile ideas have been proposed. What’s lack-ing in this debate is a comprehensive vision for tackling not only prominent issues such as congestion, but offering a vision for sharing space amongst Torontonians and the surrounding areas.

Effective transportation planning in the City of Toronto is

possible with the creation of a multi-jurisdictional task force, a balanced approach to sharing space in the downtown core and implementation of a congestion reduction plan.

Congestion Reduction PlanThe foremost challenge in Toronto is congestion. In 2006,

there were 2.4 million commuters in the census metropolitan area of Toronto, and 71.1 per cent of them used a car to get to work, either by driving or as a passenger. In a recent study pub-lished by the Toronto Board of Trade, Toronto was identified as having the worst commute time among the 19 metro areas for which data are available.

In addition to this data, the GTA is among the fastest grow-ing communities in North America, increasing its population by approximately 100,000 people and 50,000 cars every year. This congestion costs the GTA $2.2 billion each year.

I propose a congestion reduction plan that has three key components:

The delineation of two zones in the downtown core – the outer zone and the car free zone – that will serve two distinct purposes.

A $5 parking tax for all cars in the outer zone.

Incentives for private parking lot owners with surface lots to build multi-story lots on their property. Incentives would be available for building in the outer zone and just outside of the outer zone near subway and go transit stations

Downtown Car ZonesThe delineation of two zones in the downtown core – the

outer zone and the car free zone – will gradually limit access for personal car use and make space for more efficient travel downtown.

The outer zone boundaries would be from Dupont to the Lakeshore and from Bathurst to the Don Valley Parkway. The car free zone would exist from Queen to Front and from Uni-versity to Church. Only commercial vehicles would be allowed in the car free zone.

Torontonians would be able to bring their cars into the outer zone area but not the car free zone. All cars entering the outer zone area would be subjected to a $5 parking tax to be dis-cussed below. Only commercial vehicles including cabs, work trucks, delivery vans, etc., bicycles, transit buses and streetcars would be allowed into the downtown core.

• see page 11

T.O.’s traffic problems demandcollaborative, creative solutions

CabStandby Peter Zahakos

8 February 2012

PointofView by Louis M. Seta

This year will see many momentous decisions made relating to the taxi

industry.According to the City website,

by mid-year a staff report will be presented. This report will give clear direction as to what path the industry will travel for the next de-cade or so.

Many senior staff members of the MLS have already retired or will soon, thus ushering in a new era of fresh administrators who will no doubt seek to place their stamp and style on our industry.

Our industry is not exempt from consolidation of businesses as is going on throughout the world. What this means to us is the con-solidation of the various broker-ages in our industry into fewer hands. As economies of scale be-come more and more important, smaller brokerage operators will simply not be able to compete. This is the reality of life.

As the taxi industry moves con-trol into fewer and fewer hands it becomes increasingly important to ensure that independent operators are encouraged to continue to op-erate. Should the Ambassadors be converted, we should make sure that these newly created standard plates stay in as many hands as possible and not be allowed to be concentrated into a few wealthy peoples’ hands. Concentration of plate ownership into a few hands is not good for the industry or the general public. Owner operators serve the public better, are better at maintaining their vehicles and reflect a pride of ownership. Shift drivers who have no vested inter-est in the vehicle they operate fail to exude these qualities.

As an industry we should keep the By-Law that permits only one plate per owner and doesn’t allow for corporate ownership of plates. On the other hand, the City should recognize the plate of the owner as an asset of the plate owner. This will allow shift drivers to be able to borrow money as a loan from a bank and thus allow shift driv-ers to become owners if they so desire. This will keep the industry fluid and allow shift drivers to im-prove their lot in life.

Plate Owners should be allowed to lease multiple plates and sublease them to drivers. The criteria for sub-leasing plates should be owner-ship of a plate. Only plate owners should be allowed to be agents and

of course they should have to regis-ter with the MLS. This would mean agents have a vested interest in the industry and cannot be fly-by-night operators. Currently some agents have no investment in the industry and prey upon hard working drivers with impunity. Plate rental should be ONLY for the plate, the vehicle should be the property of the lessee.

No brokerage employee should be allowed to be an agent. Broker-ages should be solely Call centers and be prohibited from all other taxi activities. Some Brokerages force their cab clients into busi-

ness activities which have nothing to do with receiving orders over the radio or computer. They use their position to leverage them-selves into other profitable ven-tures while threatening their cab clients with dismissal from their brokerage if they don’t sign up or go along with non-dispatch activi-ties. The MLS must review these issues and stop these activities – after all, Brokerages are licensed and fall under the direction and control of the MLS.

Currently, although the By-Law specifically states that brokerages cannot own or operate plates, some Brokerages are in fact offering package deals to lessees including radio dues, plates, cab insurance and even car payments. This clear-ly violates the spirit of the By-Law and places the Brokerage in a posi-tion of control which the By-Law was specifically passed in order to prevent. Brokerages are mov-ing from Call centers to one stop shopping centers with associated control and domination.

The question is: “Is this in the best interest of the industry and the cab travelling public?”

The iTaxiworkers have raised their monthly dues from $25/month to $35/month, or 40 per-cent. They have also announced that from Feb.1, 2012, any ticket fighting they become involved in will be done so for an additional fee. The additional fee will be an-nounced later. For more informa-tion feel free to call the iTaxiwork-ers or visit them on Cecil St.

Feb.14th is traditionally cel-ebrated as Valentine’s Day. The only down side to this celebration is the cost of roses skyrockets. Good luck and enjoy yourselves. Feb. 20th is our newly created hol-iday, called Family Day.

Louis Seta, A 1275, wishing ev-eryone a fun February.

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by John Q. Duffy

Last month I started Part One of a multi-part over-view of my personal

experience at the cab driver Refresher Course I took in De-cember. This is a continuation of that series, where I look at what is covered in the Legal Proce-dures module . JQD

One of my classmates, while we were going through the Legal Procedures module of the Taxi-cab Driver Refresher Course, commented to the effect that cab drivers have to be lawyers in this country.

I tossed in, “And accountants.”Both comments got laughs from

the rest of the class.But the simple fact is that we

both had more than a little truth in our comments.

A little over a year ago, a senior MLS policy analyst told the Leg-islation and Licensing Commit-tee that under Toronto’s By-laws, more than 1,500 charges can be laid against cab operators. Ridicu-lous.

If you don’t know the laws, you are going to be nailed to the wall. Guaranteed.

I was lucky as far as this module was concerned: I’ve had enough experience through years covering the Licensing Tribunal and court cases that while I make no pre-tense to be a lawyer, I have a fairly good layman’s understanding of the process and at least some parts of the law.

The module covers how laws are created and who creates them, the role of Municipal Licensing and Standards, the MLS Com-plaints and Procedures Process and the Toronto Licensing Tribunal. It updates students on recent chang-es to the law, covers new leasing rules, flat rates, using cell phones and other devices, impaired driv-ing, the new idling by-law and it covers the Licensing Threshold system and how it applies to cab drivers.

I won’t get into the law-making process here as it would take too long. Let’s leave it that there is a clearly defined process. New laws don’t simply appear out of thin air (although sometimes an observer can have good reason to think ra-tionality is chucked out along the way. That’s politics.).

The course handbook says the mission of MLS is to ensure public safety, community integrity, con-sumer protection and responsible business activities by licensing and regulating businesses, trades and callings in Toronto. Regulat-ing and enforcing the laws govern-

ing the City’s 5,000-plus taxis is a major part of MLS activity.

The structure of MLS as a City department is detailed.

Then they get into the roles of Municipal Standards Offi-cers (MSO’s) who do the actual enforcement. The book states, “MSO’s have the authority to in-spect your vehicle at any reason-able time. They may also request other forms of identification, in-cluding an Ontario Provincial Driver’s license, your vehicle reg-istration and your City of Toronto taxicab license.”

I’ve talked with any number of legal types about the powers of MSO’s and I get one common comment: they are NOT Police Officers and do not have the pow-ers of police. For example, they cannot charge you under the High-way Traffic Act or the Criminal Code, I’m told.

For By-law offenses, MSO’s can issue verbal warnings, No-tices of Violation (you get time to correct a problem), a Part 1 Sum-mons (carries a set fine) or a Part 3 Summons (requires a hearing and can result in a fine, suspension or license revocation). You do not want to get a Part 1 or Part 3 sum-mons. If you do get one of these, you’ve likely been very naughty and may have to appear in court or ask for a tribunal hearing, or both.

The book covers what happens in a taxi inspection, and I won’t get into that, except to say it is probably not a good idea to give the MSO a tough time. You will seldom, if ever, win in any con-frontation, while the costs of los-ing can be very high indeed. Plus whatever happens is recorded and goes on to your permanent record at MLS. I’ve seen 10 and even 20 year-old infractions brought up against cab drivers by the City in TLT hearings. (See my comments on the Licensing Thresholds.) I personally don’t think this is fair or reasonable, but until laws and policies are changed, that’s the way it is. It is up to you in the in-dustry to demand change, if you want it.

MLS keeps track of all com-

plaints and compliments received from the public relating to cab drivers.

Complaints are investigated in a formal process by MLS staff. If the matter is resolved, no action is taken. If it is not resolved, things can escalate to actions such as re-fusing license renewal or outright license revocation.

Whatever happens to a com-plaint, the complaint and resolu-tion remain in the driver’s perma-nent record, and can be and are used against the licensee in any subsequent tribunal hearings.

In my experience as an observer, the investigation consists of staff contacting the complainer, then in-terviewing the licensee. As far as I see on a regular basis at TLT hear-ings, staff will automatically take the side of the complainant, no matter the logic of the complaint or cost to the licensee.

A number of years ago I watched an adjudicating panel seriously consider an allegation of a 75-cent overcharge from an out-of-town customer who did not know about the effect of stop lights and one-way streets in Toronto.

MLS also keeps track of com-pliments. I have never seen MLS staff or City lawyers bring out compliments in any cab driver file in any tribunal hearing. Ever. I guess they don’t have compli-ments on record for these drivers. Or something.

The course goes into the tribu-nal process and basically gets it right, with a couple of quibbles.

For example, the course doesn’t get into the pre-hearing resolution (“plea bargain”) process. I submit licensees should be told of this op-tion.

Students are told the tribunal has the power to grant, deny, revoke or place conditions on licenses. Stu-dents are not told the tribunal also has the power to “Take no Action” and does occasionally use this op-tion when they determine the City case is groundless.

This maybe outside of the scope of the course, but I also note that the City regularly brings up last minute information not previously

disclosed to the licensee or his le-gal representative.

I have witnessed legal represen-tatives of licensees virulently con-demn this practice on the record. In one case last year, a lawyer for a licensee threatened to complain about the City’s lawyer to the Law Society of Upper Canada, about being confronted with last instant material. I don’t know if he fol-lowed through.

I will say I am personally dis-gusted and appalled when this happens. It is essentially a spoiled bully, under the guise of acting in the public interest, using “prosecu-tion by ambush.” If it is not illegal, I submit it is time the courts and/or

legislators looked at the practice.To their credit, there are oc-

casionally times tribunal panels refuse to accept this last minute evidence, and good for them.

I am deeply grateful the City was wise enough to set up the TLT as an independent body. It makes for better justice.

Students are told there is a right to appeal tribunal decisions. This is not true. Licensees have the right to a Judicial Review of a de-cision. To understand the differ-ence, please consult a lawyer.

A year or so ago the tribunal issued a brochure explaining the process. I suggest every cab driver

• see page 16

MLS refresher Course Part Two: Know your taxi law!

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The iTaxiworkers driv-ers association reports a solid show of solidarity

coming out its’ January 15 gen-eral meeting.

The Board of Directors says the 100 or so members on hand “voted overwhelmingly” for the Associa-tion to increase resources, in order to improve legal services, while intensifying the representation of its’ members at city hall. Effective February 15, iTaxiworkers’ dues will rise from $25 to $35 a month, and they are also introducing fee-for-service legal representation.

“The vote means the Associa-tion will step up its campaign to win fair treatment for taxi driv-ers and demand measures to pro-tect their health and safety,” says Board president Sajid Mughal. “We asked the membership if they wanted us to keep going. It was their decision. They told us in the loudest voice possible they wanted to keep going and supported addi-tional dues and fees.”

The increases were recom-mended following an extensive forensic audit of the Association’s finances, conducted by the United Steelworkers (USW).

“We explained to them the financial considerations, and worked things out. They basically said they found great value in what we do,” says iTaxiworkers’ execu-tive director Jacob Leibovitch. “We were quite humbled by the expression of faith.”

A one-time union steward with

Royal Taxi, Ambassador Khalil Talke insists drivers must organize themselves to address the many problems they face every day.

“We discussed it and debated it, and the members approved the increase,” he says. “There’s noth-ing you can do without money in this city.

“We know the drivers very well. It’s easy for them to sit on the post and talk. This organization, we pay for it, yes, but we need somebody to represent us. Everything we submit, it’s professional. This is what we have been looking for for so many years.”

Three different unions had a relatively short-lived run in the Toronto cab industry during the 1990’s and early 2000’s. The iTaxiworkers were established in 2009, as part of an umbrella group (the Independent Work-ers Association) organizing drivers in Toronto, Hamilton, and other parts of the province, under an “arms-length” alliance with the USW. Mughal previ-ously told Taxi News, “This is an association not an OLRB-certified union, but if we need any support the Steelworkers will be there.”

In 2009, one iTaxiworkers orga-nizer observed that, “Taxi drivers are governed by so many levels of bureaucracy and economic inter-ests, it’s mind-numbing for the or-dinary driver to even start to make changes in their daily lives.”

Leibovitch says they have no plans for a union drive in Toronto.

But several Toronto industry lead-ers remain skeptical, (particularly given the recent union certification of Hamilton and Blueline Taxi, in Hamilton), and note that the iTaxiworkers only speak for about 1,000 of the city’s 10,000-plus cab drivers.

With the Toronto Taxi Indus-try Review now underway, the iTaxiworkers are pushing, “to see the City move as quickly as pos-sible towards a one-tier system of licensing”. They’re calling for the conversion of the 1,400-plus Ambassador plates into Standards under the owner/operator model, which Leibovitch says, “would accomplish two key goals – im-proved customer service, and fair-ness for drivers.”

They maintain several of the promises made in the 1998 Re-form package were never deliv-ered upon by the City (benefits, a pension plan, etc.), and that under the existing system, “drivers are subject to abuse by some oppor-tunistic owners and designated agents, who just want to use the industry as a moneymaker.”

The iTaxiworkers next order of business is filing an extensive sub-mission to the Toronto Taxi Indus-try Review.

Leibovitch says they, “put a lot of time and energy into this”, sur-veying over 300 drivers, gathering hard statistics from Municipal Li-censing & Standards, and access-ing research done by the Steel-workers and graduate students at the University of Toronto.

iTaxi members vote to boost dues and strengthen service

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Mississauga’s Director of Enforcement, James Bisson, has accepted a new job as Manager of Enforcement in Brampton. Bisson was recognized for his 22 years of service at a going away party hosted by Mississauga’s Licensing Department last month. At right he is seen talking with Taxi News reporter Mike Beggs.

11 February 2012

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Committee members are: Glenn De Baeremaeker. Chin Lee (Vice Chair), Frances Nunziata, Cesar Palacio (Chair) and Anthony Perruzza.

The Secretarial Contact: Kelly McCarthy,10th floor, West Tower, City Hall, 100 Queen Street West, Toronto, ON M5H 2N2. email: lsc@toronto.ca

phone: 416-397-7796, fax: 416-392-1879.

L&S Meeting ScheduLe 2012The Licensing and Standards Committee

meeting schedule for 2012 has been published.

The Licensing and Standards Committee’s primary focus is consumer safety and protection, with a mandate to monitor, and make recommendations on the licensing of business

and enforcement of property standards. All taxicab related issues are supposed to be dealt with by this committee.

Upcoming Meetings are scheduled for:

Friday, February 24, 2012 - 9:30 am

THUrSDAy, March 29, 2012 - 9:30 am THUrSDAy, April 26, 2012 - 9:30 am

FriDAy, May 25, 2012 - 9:30 am THUrSDAy, June 28, 2012 - 9:30 am

FriDAy, September 21, 2012 - 9:30 am FriDAy, October 19, 2012 - 9:30 am

FriDAy, November 16, 2012 - 9:30 am

City must lower the boom on downtown private vehicles

• from page 7

Parking TaxA $5 parking tax for all cars en-

tering the outer zone area will create revenue for the City of Toronto and will reduce car use close to the car free zone.

Parking Lot Infrastructure Incen-tives

Tax incentives for private parking lot owners to build more multi-level lots in the outer zone and just outside of the outer zone near cab, subway and go transit stations, will allow people to park their cars further out and take transit or cabs through the core. This process would have to be strategically coordinated and would be lead by the multi-jurisdictional task force.

A Balanced Approach to Sharing Space in the Downtown Car-Free Core

Achieving balance in the down-town core is possible by eliminating cars and by establishing the follow-ing:

Pedestrian areas in: Yorkville, Bloor to Wellesley on Church, Little Italy, Kensington Market and Carl-ton to Queen St. on Yonge.

Increased cab stands at the border of the outer zone and the downtown car-free zone and near parking lots.

Separate bike lanes on core streets similar to what exists in Montreal.

An East-West and North-South bike expressway crossing through the downtown core.

Maintenance of existing street-cars and buses

Designing the downtown core with a balanced approach would contribute to the overall objective of decreasing congestion by promoting the convenience of diverse travel options. With roads free of cars, all of these other methods of travel will be more efficient and are more envi-ronmentally responsible.

Promotion of walking, cycling and transit use provides a variety of benefits, including accessibility, consumer cost savings, public cost savings (reduced external costs), more efficient land use, commu-nity liveability, improved fitness and public health, economic develop-ment, and support for equity objec-tives. The key is to get cars out of the core so that these methods can flourish and so there is less conges-tion going in and out.Creation of a Multi-Jurisdictional

Task ForceAn adequate transportation sys-

tem in Toronto requires collabora-tive planning and a balanced ap-proach. Bringing high level people together who work on transportation issues every day will foster the types of innovative ideas that are needed in this city. It will also create am-bassadors of cross-jurisdictional decision-making within all organi-zations interested in GTA transit.

This multi-jurisdictional task force could include representatives from Toronto Business Improve-ment Areas, the City of Toronto, the Province of Ontario, Metrolinx, the Federal Government, Toronto Cab Companies, the TTC and academia. Toronto needs everyone’s input and a board with diverse perspectives.

ConclusionsThere are a few basic principles

upon which these proposed ideas rest. The first is that solutions to transportation challenges need to be created in a multi-jurisdictional and collaborative ways. The second is that all ideas and plans must be rooted in the notion of a balanced approach and the sharing of roads. The last is that it is okay to think out-

side the box and dream up innova-tive ideas for change.

There are surely other ideas and considerations when building a transportation system in a city as

diverse as Toronto. I hope that by sharing ideas, other business lead-ers will share theirs too and political figures will champion collaborative decision-making in Toronto.

by Colin Duffy

Amjad Khan’s taxicab driver’s license was renewed subject to a

two-year probation following a charge of failing to stop for a school bus. Khan appeared be-fore the Toronto Licensing Tri-bunal January 26 without coun-sel.

In addition, at his own expense, Khan must provide an up to date copy of his driving record on each of his next two renewals, he must notify MLS within five business days of any new charges or con-victions under the by-law or the Highway Traffic Act, and if any new information is of concern to the City, the driver may be brought back to the Tribunal for a full hear-ing.

The conditions were decided in a pre-hearing agreement between Khan and City lawyer Jennifer Raso.

Lionel Miskin chaired the Tri-bunal this day, with David Pea-cock and Ken Chan also sitting.

Veteran tow truck driver and

cancer survivor Douglas Sedge-

wick was successful in re-applica-tion for a license, subject to a sus-pension and a term of probation.

He was found driving his vehi-cle with an expired license and his driving record includes speeding 115km/h in a 60km/h zone.

Lawyer Maria Imperiale repre-sented him.

On Nov 11, 2011, licensing en-forcement officer Glen Nicholls found Sedgewick at the scene of an accident, and found his truck driver’s license had expired in May 2011.

He testified that it was normal for him to receive renewal forms for his truck driver’s license and that it had not arrived in this case and he had forgotten to pursue the matter. He claims that he did not realize until officer Nicholls pulled him over.

Acting supervisor at MLS Alice Xu testified that his license was cancelled in 2011 due to non-pay-ment of renewal fees.

His three-year driving record abstract included a conviction for racing/stunt driving on August 25,

2009 and a conviction for speed-

ing 115km/h in a 60km/h zone. Speeding 50km/h or more over the speed limit led to an immedi-ate suspension of his Provincial driver’s license on the spot.

In his defense, he testified that he was speeding because he was late for a follow-up appointment regarding his cancer treatment.

As part of the most recent re-newal process he submitted a re-cord of convictions dated Oct 4, 2005. In the document there is a note regarding previous convic-tions, where the then-supervisor at MLS who approved his license wrote, “ok 10+ years”. His most recent conviction at the time was in 1994, more than 10 years prior to the 2005 renewal. In her testi-mony Xu was unwilling to specu-late about the meaning of the note.

Stephen Stele appeared as a character witness on his behalf. Stele is the general manager of Bill & Son where Sedgewick has been working for “twelve to thir-teen years”.

Stele testified that in addition to driving a tow truck, Sedgewick was responsible for some admin-istrative duties including driver training and by-law compliance, including making sure that all the drivers at Bill & Son are licensed.

He brought a letter of recom-mendation by Toronto mayor Rob Ford, who has had his personal vehicle towed by Sedgewick “two or three times” and lives “in the same neighborhood”. It is unclear whether Mayor Ford was fully aware of the details of the case.

The City lawyer argued that Sedgewick should have known to renew his license, particularly considering his administrative

position at Bill & Son. She also argued that he broke the law by operating his vehicle without a li-cense and believes that he would continue to break the law. In ad-dition she noted that he has other options because he is licensed to drive a tow truck in Mississauga and Barrie.

Imperiale argued on his behalf that he had been driving a tow truck safely for 20 years, and that the MLS records were unreliable, citing a clerical error that named Sedgewick as a taxicab driver.

Sedgewick was granted his li-cense with a suspension until Feb-ruary 3rd, with a three-year proba-tion to follow.

In addition, at his own expense, Sedgewick must provide an up to date copy of his driving record on each of his next three renewals, he must no-tify MLS within five business days of any new charges or convictions under the by-law or the Highway Traffic Act and if any new information is of concern to the City, the driver may be brought back to the tribunal for a full hearing.

In another matter the sales

agreement for a body rub par-lor owner/operator’s license was postponed because the vendor was not present and did not send a representative. The matter was adjourned to Feb 23, 2012.

The purchaser is Royal Maple Spa. The corporation was repre-sented by its president Mr. Lun Hui Wang and by their lawyer Ju-lietta Parise.

The Vendor is Maple Spa. Ma Xueling is named as president of the corporation.

A number of taxicab owner’s license holders agreed to pre-hearing settlements with regard to undisclosed plate removal issues. These include Shaarei Rose Swit-zer, Mohammed Akbar Bhatti, 1568006 Ontario Inc., Best Toron-to Tours & Limousines Inc..

Aaron Kennedy was denied a tow truck driver’s license. He was not present for the hearing and did not send a representative. The City noted concerns regarding his criminal convictions and that he worked while his license was sus-pended.

Driver gets two-year probation for failingto stop for school bus

12 February 2012

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A 30-year-old Niagara Falls man has been arrested in connection with the Dec. 17 stabbing and robbery of a Falls taxi driver.

Geno Genov, a native of Bulgaria in his early 30s who now lives in Niagara Falls, received several stab wounds to the neck, hands and chest area while working in the area of Main and Ferry streets.

The Niagara Falls Taxi employee was taken to

Greater Niagara General Hospital then transferred to Hamilton General.

He was released soon after to recover at home. On Friday, January 6, Niagara Regional Police ar-

rested Randy Turner, who is now charged with rob-bery, aggravated assault, fail to comply with a proba-tion order and fail to comply with a recognizance.

Arrest in Falls taxi driver stabbing

13 February 2012

by Mike Beggs

Seattle recently became the first city in North Ameri-ca to require all taxi and

limo drivers to be covered by workplace insurance.

Under a new State law effective April 30, all drivers will now pay monthly premiums to the Depart-ment of Labour and Industries (for work-related injuries beyond what’s covered under auto insur-ance); and meter rates have been raised to reflect the cost of the pre-miums.

With this new ground broken, some Toronto taxi industry lead-ers are hoping it will rekindle interest from the province, the City, and other municipalities to follow suit.

Long-time owner/operator Ger-ald Manley observes that, “In re-cent weeks, and at the December 8, 2011 Toronto Taxi Industry Re-view Stakeholders Meeting, there has been a renewed interest in our members seeking WSIB coverage while driving their taxis.”

The Toronto industry was simi-larly encouraged in 2009 when the province passed its’ groundbreak-ing Bill 168, the Occupational Health & Safety Amendment Act (Violence and Harassment In The Workplace), which includes taxi drivers in Section 71. However, Manley says the section was writ-ten with no teeth -- because the province didn’t enact it at the time, leaving it to the individual juris-dictions to voluntarily enter into taxi driver workplace safety pro-grams.

In the renewed push for cov-erage, he suggests the next step would be to seek an order from the Lieutenant Governor to enact this Section, thus legally mandating all municipalities licensing a taxi industry to begin the cab driver

safety programs.He says much of the “grunt

work” has already been done on this. And the timing is good, with the City having just launched into its’ Toronto Taxi Industry Review.

“Now there’s industry interest, maybe we could go at it with a lot more representation. There was discussion of it at the (De-cember 8 Stakeholders Meet-ing),” Manley says. “I think if we can get the Council and Mayor’s office working with us in repre-sentation, to appeal to the Minis-try of Labour (something might happen).

“I’m encouraged to see other cities finally realizing we need protection, absolutely.”

Long-time driver/activist Louis Seta considers it a “huge over-sight” that for many years the WSIB wouldn’t even accept cab drivers on an individual basis. (While they can now go this route, drivers pay a hefty premium of $4 per $100 gross earnings on your income tax return – estimated at about $50 per month).

“We would like WSIB for all of the drivers,” he says. “I think that would be a huge boost for the industry and potentially decrease insurance rates in all of the cabs. We’ll see what happens. This is something the City hasn’t looked into.”

The victim of a vicious attack last January, that left him off the road for several months, Ambas-sador Khalil Talke is among those talking to the Ministry of Labour about WSIB coverage.

“It would have helped me. Now I’ve got my plate back, but still I’m not recovered properly. I’m back to work now, but it’s not full-time,” he relates. “(We’d be) treated like every other worker in the country. The City of Toronto

they should have done this a long time ago. They take a lot of money in from the drivers. We pay for it. They should manage it.”

However, the cost-prohibitive nature of the monthly premiums remains a huge stumbling block at this point.

While averaging about $10 to $12 per hour with no health care benefits, Seattle drivers will be making an off-putting base pay-ment of 55 cents per hour, $88 per month, or $1,400 per year.

Seta notes that, “Seattle is a much smaller city than Toronto” and that the cost of premiums could come down significantly un-der group coverage.

“But the drivers have to real-ize the cost to them would be a more accurate disclosure of their income,” he said in a previous in-terview. “Is it really worth it?”

Another source suggests the driver would be better off to sim-ply claim welfare, if forced off the road by a work-related injury.

Estimating there are 30,000 to 40,000 taxi drivers across the province, Manley believes, “We could negotiate a much better price.”

“Yes, group coverage would be cheaper, but the question is how much cheaper?” he adds. “And would this still be out of reach for taxi drivers across the province?”

He warns industry members to wade carefully into this, because with the WSIB many millions of dollars in the hole, “We must not forget the province is now trying to make up some financial short-falls though our industry, like the City of Toronto uses us as a li-censing cash cow.

“It was estimated 30 percent of all Ontarians are without cover-age, so the province will no doubt

be trying to tap into all avenues to recoup these dollars,” he adds. “The province has already initi-ated this process by mandating many sectors of the construction business to have WSIB coverage. So, it’s just a matter of time before we come up on their radar screen.”

And he notes, it must also be de-termined if taxi drivers would be categorized as dedicated contrac-tors, non-dedicated contractors, or self-employed.

Lucky 7 Taxi owner Lawrence Eisenberg is among those who doubts struggling drivers would be willing to shell out such a monthly stipend.

“I don t think you’re going to get these cab drivers to do anything out of their pocket,” he states. “It still sounds like (the government is) trying to exploit the guy at the bottom rung.”

To this Talke counters, “Tell me something, is there something gained for nothing? It’s not the best, at least it’s something.”

Peter’s Taxi owner Peter Man-dronis finds that drivers “don’t want to participate” in such move-ments, citing their widespread re-fusal to pay union dues during the late Nineties and early 2000’s.

“This is the problem,” he com-ments. “Maybe there’s some in-surance company that can create a program to do it for us. Or maybe the MLS, they could create a blan-ket insurance policy and incor-porate it into the annual renewal fees.”

R & S Collision owner Avtar Sekhon agrees that such a pro-gram, “might bring the cost of in-surance down” for drivers.

“It could be better for every-body -- drivers, owners, lessees. It’s good for the industry,” he of-fers. “They should pay when they go and renew their license. They

should pay the City of Toronto, and let them pay the WSIB. Oth-erwise, you can’t renew your li-cense.”

Long-time driver Owen Leach observes that while, “(Workers Compensation) would be good for the injured and unable to work, it’s going to entail more payments for drivers and that would be tough to justify.

“We’d have to poll the driv-ers, to take money out of their pockets,” he says. “It’s so lean. I wouldn’t want to do it unless we were sure they wanted it.”

Jacob Leibovitch, executive director of the iTaxiworkers won-ders, “How do you take a group of people who have a small amount of income and place on them an expectation of even higher ex-penses – paying more money to receive basic coverage? That issue has to be addressed collectively, allowing individuals to get it is no solution at all.

“I think drivers will be willing to look at a solution, as long as the economic burden is not placed on them solely,” he continues. “ The brokers, garages, province and City have to play a role.”

As for the idea of payments be-ing tied to renewals, he responds, “No that’s a terrible solution. You can’t hold their ability to make a living hostage and then get them into a program they can’t afford. We should be making it easier for taxi drivers not penalizing them. Taxi drivers don’t opt out of WSIB because they don’t care about themselves, they do it because they can’t afford it. Unless you come up with affordability, you can’t solve it.”

He says driver benefits is one of the issues addressed in the iTaxiworkers’ submission to the Taxi Review.

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Arrested Beck taxi driver was ‘scared to death’

• from page 3

safe, and when they started yelling at him to make sudden turns and go though red lights.

“I was scared to death, “ Dan-wer said. “What can I do? Do you think anybody can deny them? Pictures were going around in my mind. I know many drivers have been killed. I was in danger, but no police come at that time.”

Hubbard commented, “They were very, very aggressive. Who is going to stop at stop signs in this situation?”

Danwer said he was afraid to turn around and look at them, saying he was afraid this would put him in further danger. “I just wanted to get rid of them. I was continually praying.”

Hubbard defended his position. “His only thought was to get these people out of his cab as soon as possible. Get them out. It’s fright-ening.”

Danwer said he finally got out of Barrie and on to Highway 400,

where he slowed down to drive more safely.

On the 400, he said he was thinking “Drive safely on the way, so I can get rid of them.”

Police called Beck Taxi and asked for help locating the cab. The company cooperated fully, locating the taxi through its GPS system and relaying the informa-tion to police.

The car was stopped at the 400 and Finch exit, where all were ar-rested and put into handcuffs.

All Danwer said he could think of when police stopped the car was, “So I was saved. Now noth-ing will happen to me at last.”

He said of his passengers, “They asked me to do, and I did it.”

He said he kept thinking if they do one crime, they could do anoth-er, like injure him, or worse.

He said, “If somebody is in dan-ger, he wants to survive.”

Danwer was first taken to an Au-rora police station where he spoke with a lawyer on duty and was first advised to say nothing to police

about the events of the night.After a couple of hours, he was

transferred to Barrie, where he again spoke with a Duty Counsel.

“He said the same thing, he told me don’t tell them anything,” Dan-wer said.

Danwer said he spent the night in custody, “praying and praying.”

He was charged with Dangerous Driving and was released by Bar-rie police at about 7 AM the next morning on a promise to appear on January 30th.

Hubbard said the only reason police were able to find the cab and make the arrest was because Beck was able to provide this in-formation.

“We found the cab. We led them to the vehicle,” Hubbard said. “This is a very disheartening situ-ation.”

She angrily commented, “What’s the incentive for a cab driver to put himself in this posi-tion again? He’s worried about his future, and about the future of his family.”

She affirmed Beck’s policy of assisting police in these situations, but seeing the cab driver charged, she said, “Is ridiculous. It leaves a bad taste in our mouths. He is the only real victim in this.”

Hubbard noted standard police advice to victims of criminals, “is not to resist, to do what they say, do what they want.”

She said Danwer started praying.

“He thought he was going to die. He wanted to be ready. It’s insane (that he was charged).”

Const. Toni Dufour, Media Rela-tions Officer for Barrie police said, “There is no indication of weapons being used,” she said. “They didn’t point a gun at anybody, and there’s no report of a knife being used in the home invasion.”

She said the Dangerous Driving charge against the cab driver was supported by witness statements from people who saw the cab driv-ing on the street and by photos taken every few seconds inside the cab by the taxi’s in-car security camera.

After police stopped the cab, at about 10 PM, all inside were arrest-ed, she confirmed.

As to why Danwer was trans-ferred back to Barrie, even though he was arrested within Toronto boundaries, Dufour explained that those accused of a crime are dealt with by police from the jurisdiction where the crime was committed, not where they are living at the moment or where they are arrested.

Hubbard said this is understand-able, that police have to make sure that the cab driver is not a partici-pant in the crime, and this takes time.

“They have to make sure he’s not part of it, “ Hubbard agreed.

Dufour commented that police are prevented by law from com-menting on details of how the inves-tigating officer came to the decision to lay the Dangerous Driving charge against the cab driver.

Dufour commented, “From the police perspective, from the evi-dence obtained from witnesses and photos from the car, we had grounds to lay the Dangerous Driving charge to the cab driver.”

Police don’t want to jeopardize the case by revealing too much in-formation before it comes out in court, she noted, “It is very impor-tant to the integrity of the trial.”

Dufour said, “We can’t provide specific details until the matter is dealt with in court.”

She said it is important for people to not come to any judgment in this case until the details come out in court.

She did say, “the photographs at no time show that the accused was touched in any way or harmed phys-ically.”

Danwer confirmed that he was not physically assaulted by the pas-sengers.

She could not confirm or deny what may or may not have been said by the cab driver to the investigator, though she did note that the driver had the right not to say anything to police about what transpired that night.

She further said police are well aware of the potential effects on a

person’s job and livelihood of such a charge.

Toronto’s taxi by-laws require cab drivers to pick up fares except under very specific circumstances, none of which were apparently pres-ent in this situation, Hubbard com-mented.

Cab drivers can refuse fares when the fare owes them money from pre-vious fares, when they do not give the driver a specific destination or if they are aggressive or threatening, she said.

Failure to pick up passengers can result in a by-law ticket and fine.

Danwer supports a family and is now worried about being able to keep his job. As well, his insurance costs could go up, and he might not even be able to rent a cab with a Dangerous Driving conviction on his record.

A Dangerous Driving charge or conviction usually is considered to be automatic grounds for non-renewal of a cab drivers’ license under Toronto’s licensing threshold system.

Non-renewals can be appealed to the Toronto Licensing Tribunal for adjudication.

The TLT has the authority to take no action on a complaint, impose conditions on a license or decide not to renew the license.

Many licensees who come before the TLT hire legal help to present their cases, but this option is fre-quently too expensive for cab driv-ers.

Charged with impersonating po-lice officers, robbery, forcible con-finement and numerous breaches of probation are an otherwise uniden-tified 30-year old Beeton man and an unidentified 34-year old Toronto man, both of whom were free on bail on 48 other criminal charges.

Police are holding both alleged robbers in custody pending a bail hearing.

Danwer said, “I am very, very thankful to the Beck people. They help me. They support me. Not only for the attorney, but also mentally. They stand by me.”

Danwer also commented that he has two engineering degrees, one from Pakistan and a Masters in Civil Engineering from the University of Detroit.

He has given up trying to find an engineering job in Canada despite passing an equivalency exam, as po-tential employers kept asking if he had any Canadian experience in his field, and he has none.

The occupant of the house where the robbery happened was charged with possession of a substance for the purpose of trafficking and breach of probation.

Dewar’s first appearance court date in Barrie was set for January 30, 2012.

13 February 2012

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It’s nearly mid-January and my book publisher has just dropped a bomb on me. He

now needs a final version of my latest book, tentatively titled What Happened to Mickey?: The Life and Death of Donald “Mickey” McDonald, “Canada’s Public Enemy No. 1,” by mid-February, not late March as I

had previously understood to be the case. That means I have a lot to do in a short period of time, including overnight bus trips to both Ottawa and Kingston, and I will miss a night’s sleep both times. It means, too, that this edition of The Bystander has had to be written two weeks before I would normally like to write it.

After the Stakeholder Workshop in December 2011 and during the first days of January 2012, as I sometimes do, I quizzed my six or seven usual industry informants and analysts - my “boys” - to ask, in effect, “What’s your take on the latest poop?” And, too, as usual, I dropped into a fleet garage where I am well-known. I go there per-haps twice a month, to talk with the fleet operator and any drivers who might be there. Then, too, I had a few drinks with my good friend Bob Boyd, an equity plate owner-driver, who I get together with regularly and who always has lots to tell me, even as he spills more than I drink.

Not one of these people - a fleet operator, a former fleet operator, several plate owners who drive, one plate owner who leases out his plates, a dozen or so fleet drivers, and

an Ambassador - said anything this month, or previously, to make me think this is anything but A STARV-ING INDUSTRY THAT’S AL-READY BADLY OVERLOADED WITH FAR TOO MANY CABS. The idea that the Ambassadors will be converted to standard plates makes all of the foregoing, except the Ambassador driver, worried for

their financial well-being. Even the Ambassador agrees, without hesita-tion, that the industry’s fundamental problem is too-many-cabs-and-not-enough-fares.

My former fleet operator “source” has sold off his fleet and, as before, drives himself. He likes driving cab, even if he isn’t making much. He wants to continue - but who works for nothing, for nearly noth-ing, or less than nothing?

The unretired fleet operator tells me that, if the Ambassadors are converted, he’s OUT OF BUSI-NESS. The resultant cut in the incoming revenues of each of his drivers will mean they won’t be making enough to pay him and still make a living themselves. I know the phenomenon from the Depression of 1989-1994. In 1990 I had to go to my then fleet opera-tor and tell him, “If you want me to come to work in the future, you’re going to have to make some finan-cial concessions.” He was reason-able, but, even with that, I was soon after gone from the industry till November 1995.

A driver who I talk with semi-regularly tells me that he knows a fleet garage where licensed drivers routinely drop by to ask if they can get a cab to drive “off the books.”

“They’re all collecting welfare and want to augment their real incomes by driving cab,” says he. “Look at all those cabs parked down by Shuter Street (near the South Re-gent Park Housing Development, which is Ontario Housing),” he says. “The City doesn’t cross-ref-erence welfare and taxi drivers,” he says. “That’s the taxi industry in Toronto today. That’s what it has become,” he estimates, bit-terly. We both remember the long-ago days when taxi drivers made a decent living. We both know the City began to use its taxi industry as “a form of welfare” in the early 1980s. Why would it surprise any-one that, if the City will pay two kinds of welfare, the recipients would not forego collecting what-ever they can, especially as the City itself has rendered the indus-try to be increasingly dysfunction-al as a means of making a living?

Was it not the City itself that created conditions where taxi driv-ers can’t make money by its self-serving actions at out expense in 1978, 1982, 1987 and 1998?

“No wonder the City’s going broke,” says I.

Three of “my boys” attended the Stakeholders’ Meeting on De-cember 8th. All three - all well-ex-perienced in taxi politics - assured me that the politicians will “sell us out”; that they will take the money of “interested parties” (“staying in the loop” it’s referred to at City Hall) and the greatly increased li-censing fees that will come with conversion, rather than doing the right thing for the City itself and for the great majority of those who work in the industry.

“They don’t care about us,” two of my regular sources said.

I told most or all of these friends that I liked Councillor Palacio’s introductory speech. I liked his references to wanting “to cre-

ate a healthy industry with solid and lasting solutions” and that he spoke, too, of wanting “to correct the wrongs of the past.” I main-tained, also, that the Ford admin-istration, being more business-ori-ented than the City government in 1998, would see that putting more equity-plate cabs on the streets of Toronto would only kill every driver’s average incoming rev-enues to the extent that they would be making nearly nothing. Who goes to work twelve-hours-a-day for nearly nothing?

They all said that I was wrong - that the Ford administration would take all of the money it could get from us and run.

While I respect all of the opin-ions of my friends and sources, I still think these people will do their best for us. These politicians are going to do it right.

Time will tell.• • • • •

In previous Bystanders, I have several times used the metaphor of the taxi industry’s daily fare pool as being a 10-pound turkey. As, for example, “If you have a 10-pound turkey, you can’t have 500 people over for dinner.”

Now I am seeing the European debt crisis, the American debt cri-sis, our own debt at every level of government, and our average personal debt in Canada, which is grossly appalling, too. And I am reading that the Ontario govern-ment is about to go through with the Air-Rail Link between the City’s downtown core and Pearson International Airport, which will further kill the airport business for

Toronto taxi drivers. And, too, I’m reading in The Star’s “Business Section” a story titled “Many Ca-nadians Believe We’re Already in Recession, Poll Says.”

And, at the same time, Toronto is considering converting the Am-bassadors - further glutting the streets with cabs for which there is no business now!

Wake up, folks at City Hall! The 10-lb. turkey that’s already barely feeding far too many people is very possibly soon going to shrink badly. If that happens and we don’t adapt to that by decreasing, not in-creasing, the number of cabs in the City, we’ll have a far bigger prob-lem than we already have!

Most large North American cities, I’m told, operate on a one cab per 900 population ra-tio. That allows the public rea-sonable service and the driver in the system some kind of a livelihood in a bad economy. Toronto is now operating a taxi system, so I’m told by the co-gnoscenti, that has one cab per just over 500 people. Myself I’ve got it calculated as one cab for just over 618 people. Either way, it’s big trouble.

Converting some, or all, of the Ambassadors is an obvious mis-take that can’t be allowed to hap-pen - no matter who is prepared to pay big dough “to stay in the loop.”

Peter McSherry is the author of The McSherry Report: An Inde-pendent Report on the Plight of Toronto Taxi Drivers and Their Purposeful Exploitation by the City of Toronto.

Looking for a certainty? This industry is starving!

TheBystanderby Peter McSherry

(1) Who were the last two men hanged in Canada? Where and when were they hanged? What were their crimes? Convicted mur-derers Arthur Lucas and Ron Tur-pin were hanged in Toronto’s Don Jail on December 11, 1962. They

were the last men hanged in Can-ada. Lucas, a pimp and contract killer from Detroit, murdered Therland “Checkerboard” Cra-ter and Carolyn Ann Newman, a 20-year-old prostitute working under Crater’s control, in a Ken-

dal Avenue house in Toronto’s Annex district. Ron Turpin, a minor-league break-and-enter artist, shot and killed Fred Nash, a Toronto policeman, near the corner of Dawes and Danforth. The story is well told in Robert

Hoshowsky’s The Last to Die: Ronald Turpin, Arthur Lucas and the End of Capital Punishment in Canada.

(2) At what sport did Pakistani-Canadian Sharif Khan dominate for many years? Hardball squash. Born of a family that has long been famous for their prowess at the game, Sharif Khan moved to southern Ontario in the late 1960s and took to competition. Before retiring from high-level profes-sional hardball squash in 1982, Sharif Khan won 12 North Ameri-can Open championships in 13 years and 9 United States Profes-sional Championships in 10 years - totally dominating the sport. Sharif is the eldest son of Hashim Kahn. Four of his brothers have also competed at the top-level of hardball squash. An amazing fam-ily record to be sure.

(3) Forty Ninth Parallel, a 1941 British-made movie about the search for five beached German U-boat men trying to evade cap-ture in western Canada, ends in what fashion? The film ends in a railway boxcar with Raymond Massey, in the role of an ordi-nary Canadian soldier riding the

rails, inadvertently cornering the last and most fanatic of the five German fugitives and confidently promising the desperate “Heini” a beating. The viewer is left to as-sume that right will triumph in the Canuck versus Nazi tiff. The film, a war-time propaganda piece and a bit of a western Canada travelogue, got an Academy Award nomina-tion for Best Picture in 1942.

(4) What “miracle” attached itself to 46 soldiers of Monsignor J.E. Joyal’s congregation at Debden, Saskatchewan, during World War II? Monsignor Joyal placed 46 photographs of the 46 young men of his parish who went to fight upon his altar, and he urged his paritioners to pray to the Virgin Mary on their behalf. He swore, too, that a shrine to the Virgin Mary would be built if all of Debden’s soldiers came back home alive. The shrine - Our Lady of Fatima - now stands next to the Catholic church in Debden. Though many of the 46 men were in harm’s way, and some were wounded, none of Monsignor Joyal’s 46 paritioners were among the more than 50,000 Canadians killed in the war. That was more than unlikely. That was “The Debden Miracle.”

A lot of history hanging around this T.O. landmark

16 February 2012

Toronto’s Don Jail Gallows

CANADA PAST & PRESENT

by Jack “The Bear” Malone

Want to figure out leasing? get legal advice!• from page 9should get a copy for reference, and it should be handed out in the Refresher Course.

Then the course gets on to the new rules on taxicab leasing. Again, I won’t get into them here, particularly as they are likely to change again in the fairly near future. If you need to know them I refer you to the by-law and per-haps to competent legal advisors.

About flat rates, you can let pas-sengers know of them, and you can get copies of a flat rate map from MLS. You are not allowed to “negotiate” a flat rate, however. Again, see the by-laws covering flat rates.

Hand held cell phones and tex-ting devices are illegal to use ex-cept in an emergency and then only to dial 911.

Mobile data terminals must be affixed permanently to the inside of the cab. Two-way radios are still legal until January 1, 2013.

My comment: Don’t ever use any phone with a passenger in your cab. It is rude and insulting to the passenger. You are there to drive a customer, not to chat with a buddy.

Get caught illegally using a cell phone and you face loss of six de-merit points, up to a $5,000 fine and possibly a Dangerous Driving charge.

Don’t drive while impaired. An impaired driving charge or convic-tion, even in your personal vehicle while not working, can affect you keeping your cab driver license. I see these charges come up at TLT hearings regularly, even old ones. They never come off of your

permanent driving record and do count against you.

Cabs are only allowed to idle for one minute in both summer and winter. There are no exemptions. How you are supposed to do this and still obey the by-law requiring you to provide a warm ride in win-ter and a cool, air-conditioned ride in summer is beyond me.

If you have questions about this, please contact City Council-lor John Filion. He is chairman of the committee that recommended the restriction to City Council. So far he has refused to reconsider. I recommend turning off City Hall’s heating and air conditioning sys-tems until the law is changed.

I have a couple of general com-ments about the Licensing Thresh-old system.

Licensees in general and cab

drivers in particular don’t know enough about this system and it is costing them big time.

Get enough by-law tickets, Highway Traffic Act infractions or criminal convictions and you can have your license revoked or not renewed.

It used to be cab drivers would not contest tickets in by-law or traffic courts, considering them a cost of doing business. Over the past few years, the folly of not contesting tickets has been amply demonstrated in many tribunal hearings. In the worst case situa-tions, it has cost drivers’ their li-censes.

I do urge you to contest all such tickets, and even better, avoid them like the plague.

The Licensing Threshold sys-tem has been modified since it first

came out, is better than it once was, but is by no means perfect. I do suggest periodic and ongoing review of the system, with heavy licensee input.

Last comment: folks, if you don’t know the laws you operate under, I suggest you are running a terrible risk to your livelihoods. And if you get down to it, most of these laws and regulations are there only because a tiny minor-ity of licensees screw up, making everyone else’s lives that much harder.

Next month I’ll talk about the Safety and Managing Conflict modules. These areas are impor-tant only if you want to stay alive and healthy on the job.

17 February 2012

City Taxi Your City! Your Taxi!

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For more Info call: (416) 740-2222 www.citytaxitoronto.com

To Sell or lease plates call: Avtar Sekhon (416) 744-5075City Taxi cars are available at:

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To Sell or lease plates call: Andrew Whiteley (416) 744-5081

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get a formula!• from page 6

But the moral thing must be done first: re-establish one origi-nal seniority list containing drivers and owners. A number of the 188 would go to Ambassadors, some of whom should not be expected to buy new vehicles, they would turn in their Ambassador permit and re-place it with a Standard plate.

Each following year 18/20/22 Standards could be issued.

Ambassadors were phased in over several years. It’s fair they be phased out by end of 2016.

A few years ago, when cam-

paigning in Toronto, a Prime Minister was told, “that one can-not borrow on the equity of one’s taxi license.” He was awe-stricken that there could be such a repres-sive by-law. If the Taxi Industry is to develop a much higher degree of professionalism, that by-law must be struck down if people are to stay. Moscoe used power over the taxi industry. He would say ‘I don’t want to see the banks own-ing the taxi industry’. (And his words were to that effect.) It made bunkum then and it still makes bunkum now. There has not been

a city in North America where that ever happened. Assuring value on taxi licenses will make it inevita-bly possible to borrow at any lend-ing institution.

It’s in your hands City Council. To have the most needed thing: political will. And should those simple solutions be implemented, in 4/5/6 years Toronto’s taxi indus-try will be well on its way to har-mony and a half decent living once again. Also there will be more pos-itiveness, which will be reflecting to the public.

Bob Boyd.

To the editor,

We are pleased to an-nounce that Kings-boro Taxi has agreed

on principle to support Beck Taxi’s proposals during the on-going 2012 Taxicab Industry Review. Larry Labovitch, the owner of Kingsboro Taxi, has personally made his intentions

known to Gail Souter, the Gen-eral Manager of Beck Taxi.

Just before the Christmas holi-days, the Taxi Drivers’ Coalition identified certain businesses and individuals within the Toronto taxi community and approached them to support the Beck Taxi propos-als for reform. Kingsboro Taxi is the first to respond to the initiative

and we are confident it will not be the last.

In fact, Kingsboro Taxi runs a tight ship from the west end of Toronto. There are many friends of ours who operate their businesses under the Kingsboro banner. The TDC highly recommends this company to the taxi community as a great place to work.

We would like to assure the rest of the industry heavyweights we have approached that we are not going to give up on them. If we do not hear from them within a week we will try again to convince them that following the leadership of Beck Taxi provides us a sure way for everyone to get what they need.

The notion of speaking as an individual or a single group is not as effective as speaking with one voice. We need to simplify this re-view process by having a ‘go to’ person who would represent the aspirations of a whole industry. Beck Taxi provides the Toronto

taxi establishment that opportu-nity.

There are those of you who may not completely agree with the proposals put forward by Beck Taxi, this is understandable. The best way to make the proposals stronger is to become part of the dialogue. We are hoping, bearing in mind that there are no work stoppages on the part of our City employees, that when the review officially commences this year, the taxi industry will speak with a united purpose.

Asafo Addai,Taxi Drivers’ Coalition

Kingsboro supports Beck review proposals

To the editor,

iTaxiworkers Association held a general membership meeting on the January 15,

2012. I was unable to attend the meeting. I communicated with Abdi Dirshe an officer of the corporation about what trans-pired and he confirmed that the members at the meeting over-whelmingly approved to in-crease the monthly dues by 40 percent.

Abdi wrote, “The expert has advised the increase of the mem-bership dues by ten dollars. The members voted for this increase overwhelmingly.” The question is who is this expert and where are the financial records to necessitate such an increase?

The iTaxiworkers Association

board of directors in my opinion should step down immediately. They are unelected and their deci-sion to increase the membership dues highlights how out of touch they are with the real world.

A year ago the then interim ex-ecutives promoted themselves to board of directors of the corpora-tion without a vote. They assured the members that they had the experience but more importantly, it was reward for themselves for steering the ship to that point. Since then the new board has made so many mistakes, too many to enumerate.

Here are a few that come to mind. They organized an election that was rigged. They have refused to deal with this core issue which for the most part is an integrity

matter. They failed to join Beck Taxi’s initiative, to work together in finding workable solutions for the industry without telling the members why. Now, they want to increase the dues, the timing of this announcement is totally out of place. None of the board members have had to account for the wrong decisions they have made and this is an unacceptable proposition un-less the association is private.

I will humbly submit that what is needed is not more dues but how to use efficiently what is collected. The current board has failed and it is time for them to do the right thing and step down. Increasing the dues by 40 percent is not the answer.

Asafo Addai

iTaxi board should step down

Letters to The Editor

To the editor,(Editor’s note: This note was addressed to Taxi News publisher John Duffy from Kamil Trabulsey’s widow Theresa.)

John,

Thank you for the copies of the Taxi News, greatly appreciated. Just wanted to point out that there was a misprint of his age, it’s 58 and not 53. Thank you though for the good work you did on both articles. May you have a healthy and

happy New Year.Theresa Trabulsey

Kamil Trabulsey was 58

visit taxinews.com for the correct answers!

sUDoKU & classifieDs Drivers wanted, full or Part time, Beck, Diamond or royal, also taxi plate for lease. call John or Peter at 416-365-2121

wanted, plates to lease, buy or sell. call John: 416 918 9602. email: jpstaxi@yahoo.ca

Looking for toronto taxi plates to lease. we pay top dollar. Guaranteed to pay all traffic tickets, etc. $10 million liability insurance. call cory at 416-741-6904.

Drivers wanted night or day. Beck, crown, or Diamond. call sam or hossein @ hPM taxi. 416-899-7054 or 416-725-1919.

i want to buy a toronto taxi plate. call cory at 416-741-6904.

i’m looking to lease a toronto taxi Plate. call sellidg at 416-779-7840.

Looking for toronto taxi Plate to lease. we pay top dollar. Guar-anteed to pay all traffic tickets. call sunny at 416-616-0537

i’m looking to buy a toronto taxi plate. Please call 416-737-9477.

Metro toronto taXi PLates: Green taxi @ 416-709-1910.

i’m looking for a toronto taxi plate to lease. will pay top dol-lar and all traffic tickets, etc. i have $10 million liability insur-ance. call Lag at 647-818-7348.

traffic tickets: speeding, care-less driving, seat belts, right or left turn call ali @ 416-908-2189.

Pickering taxi plate for Lease or for sale, and i need drivers. we do taxi repairs too. call 905-686-3803.

Day driver wanted for Beck taxi in scarborough. call 647-782-2515

i am looking for a plate to lease. i will pay a good rate and all tickets. call Jalal at 416-312-4390

Looking to Lease toronto taxi plates. Pay top dollar and all traffic, parking tickets, 407 etr, etc. Guaranteed $10 million li-ability insurance. call exclusive taxi at 416-871-8525

Metro taxi Plate wanted to Lease. will Pay top – top – top $. call 416 432 2156.

i want to buy a taxi plate – 416 854 4457

Pickering taxi Plate for rent. 416 928 6685 Jessica

for saLe: 2010 toyota camry. 13,000 miles. $15,000. first taxi Dot is on us. call 647-896-4034.

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For $15 including HST / month you can advertise a plate for lease or plate to lease. Advertising Call: John Duffy Tel: (416) 466-2328

To the editor,(Editor’s note: the following is an open letter to Ian Redfearn at Mu-nicipal Licensing & Standards.)Dear Ian,

This is a follow up to our phone conversation on 5 January 2012 as to policy changes at the check facility in regards to independent taxi owner/operators receiving a sixth year as to the life of their vehicle as prescribed in Municipal Code 545 Licensing Section 545 – 140 (C) Exception Owner Oper-ated Standard Taxicabs.

A standard plate owner/opera-tor and friend of mine appeared at the check yesterday and was informed that his 2007 model-year car would have to be re-placed by the second check this year. Under the previous stated by-law that information is incor-rect as his vehicle would have to be replaced by the second check of 2013 not 2012. The check per-sonnel talked to someone at Cox-well Ave who confirmed their

incorrect assessment.You informed me that there

have been problems recently with independent owner/opera-tors going on extended holidays and, not wanting to lose all of their taxi revenues, have either put a second driver on the taxi or left the taxi in charge of an agent to run while they are gone. This of course would immediately re-move their capabilities of hav-ing the added year of operation to their taxi but it does bring up some difficulties on how to deal with this problem.

As it stands now, the indepen-dent owner/operator is informed that his vehicle must be replaced after five model years on his noti-fication sheet as the Commission will no longer take the owner/op-erator’s word that the taxi does or has not had another driver so he/she must appear at Coxwell Ave to have the vehicle’s records checked. If the records check is alright then Coxwell Ave will

inform the check on Eastern Ave that a sixth year for the vehicle is allowed.

To have the owner/operator ap-pear at Coxwell Ave for a records check that might take one to two hours of waiting time seems a little drastic to me and I would like to suggest a couple of alternatives to this that will ensure the owner/op-erator meets the extension quali-fications while not having to wait two hours at the Commission for approval, which I also feel would be beneficial to the staff at Cox-well Ave as well. If there are other alternatives to make this process better for all concerned, I am sure that all owner/operators are open to suggestions from the Commis-sion to expedite a resolution to this problem.

Have the owner/operator phone the Commission on a dedicated phone line to facilitate the exten-sion. Although the staff member may not know that it is the actual owner/operator of the taxi calling

this should not matter, as the only requirement is a records check to verify the extension life of the ve-hicle.

Have the owner/operator appear at the check facility on Eastern Ave where the staff at this facil-ity could easily call the staff at Coxwell Ave and have the records check done and confirm the exten-sion.

Instead of the standard check inspection form that is sent out to all taxis mandating their checks and life of their vehicles, highlight the independent/owner operators files and when the second check at the five year vehicle life has ar-rived, they could be informed that a records check has been done and they do qualify for the sixth year and the check facility could be in-formed at that time.

I would ask that you consider my suggestions and to move rather quickly to a conclusion on this as it is going to become a problem almost daily at the check inspec-

tion station. I would further ask that you educate the staff at both the Coxwell Ave and Eastern Ave facilities what the by-law actually says about standard plate owner/operator vehicle life extensions, as it is obvious there is confusion in this area. Other than the sixth year given, you might want to inform your staff that if the taxi was pur-chased brand new with less than 1,000 kilometers and operated by an independent owner/operator, then a seventh year is given.

Would you inform me as to the outcome of your investigation at your earliest convenience and to what change if any is made to fa-cilitate the problems arising from this issue? I also would like to know how our standard plate in-dependent owner/operators are going to be informed of this pres-ent problem and whatever future resolution you come up with.

I remain,Gerald H. Manley

MLS should streamline life-of-vehicle checks18 February 2012

Letters to The Editor

To the editor,(Editor’s note: The following is a press release from the iTaxiwork-ers Association.)

Taxi drivers in Toronto have voted to strength-en their association and

push ahead with plans to im-prove legal services while step-ping up the fight for justice for drivers.

The membership of the Toronto Chapter of the iTaxiworkers As-sociation voted overwhelmingly to increase resources so drivers have a strong voice standing up for them in court and at City Hall.

The vote means the Association will step up its campaign to win fair treatment for taxi drivers and demand measures to protect their health and safety. “We asked the membership if they wanted us to keep going. It was their decision. They told us in the loudest voice possible they wanted to fight on, and supported additional dues and fees,” said Board president Sajid Mughal.

“With the constant improve-ment of our legal services the costs of running the association have gone up,” said Mr. Mughal. “Now, we are in a position to take the

fight for justice to the next level,” he added.

At the iTaxiworkers Association general meeting held on January 15th, hundreds of members voted overwhelmingly to support a rec-ommendation by the Association’s Board to increase the membership dues by $10, effective Feb 15th, and to introduce fee-for-service legal representation, effective Feb 1st.

The increases were recommend-ed following a report to the Board on an extensive forensic audit of the Association’s finances that was conducted with the assistance of

the United Steelworkers.The vote means the Association

is on firm financial ground and puts the organization on a sustain-able path.

The Association said members will receive a notice in the mail explaining the financial details in the near future. The Association sincerely thanked its dedicated membership for their continued support.

“Taxi drivers have only one in-dependent and democratically run organization to turn too and we know we are stronger together,” the Association said.

The iTaxiworkers represents close to 1,000 working taxi driv-ers including Ambassador, W, shift, lease and Standard drivers. We provide legal representation, group discounts and political ad-vocacy on behalf of our members. We are the fastest growing inde-pendent and democratically gov-erned Association of professional drivers in Toronto.

Jacob Leibovitch,Executive Director,

iTaxiworkers Association

iTaxi votes to increase dues and strengthen service

(rOCKvILLE, Maryland) – More than 60 taxicab and lim-ousine companies across North America and as far away as Aus-tralia came together to raise money to fight breast cancer in late 2011.

While donation totals are still coming in, the Taxicab, Limousine & Paratransit Association, which spearheaded the project, is proud to announce that over $60,000 has already been donated to the Amer-ican Cancer Society as part of the transportation association’s “Pink Ride.”

An initiative by the Taxicab, Limousine & Paratransit Asso-ciation (TLPA), the “TLPA Pink Ride to benefit the American Cancer Society” encouraged its members to designate at least one “pink” vehicle in their fleets as

part of the campaign. Transporta-tion companies painted vehicles pink or affixed specially created decals of the program as a visible reminder of Breast Cancer Aware-ness Month in October. This was the second year TLPA organized its members to fight the disease, which affects one in every eight women.

Participating members in the United States designated their funds to go to the American Can-cer Society, while those in Canada and Australia made donations directly to local entities of their choice.

Under the program, participat-ing member companies contribut-ed $100 each week per designated “pink” vehicle to the American Cancer Society Making Strides

Against Breast Cancer program to help raise awareness and funds to fight against breast cancer. A list of participating companies may be found here: HYPERLINK “http://www.tlpa.org/news/pinkridepro-gram2011.cfm”http://www.tlpa.org/news/pinkrideprogram2011.cfm

There was no additional cost to passengers, and drivers were not allowed to accept donations. Members of the public were, how-ever, able to help raise additional funds through a “Text-to-Give” number and a special website es-tablished by the American Cancer Society.

“We saw members across the country-and indeed around the globe-designate some of their vehicles as ‘pink’ to help drive

awareness of breast cancer, as we are seeing large strides being made in the treatment of the disease,” said Alfred LaGasse, CEO of the TLPA. “I’m very proud of all of our participating TLPA mem-bers and the way they once again showed the impact of how they can come together for a valuable cause. We are working together to make a difference.”

Established in 1917, the Taxi-cab, Limousine & Paratransit Association is a non-profit trade association of and for the private passenger transportation industry. Its extensive membership spans the globe to include 1,100 taxi-cab companies, executive sedan and limousine services, airport shuttle fleets, non-emergency medical transportation companies,

and paratransit services. For more information, please visit www.tlpa.org.

John Boit

TLPA U.S. members raise over $60k to fight breast cancer

Beck submission calls for more taxi stands• from page 4having original ownership papers should be given a 24-hour window to show at police stations to clear the charge.

The report also calls for more cabstands at TTC locations to, “to improve access and service.”

Toronto taxis should be allowed to pick up at Pearson International Airport.

Create a permanent Taxi In-dustry Stakeholder Committee to “raise issues, make sugges-tions and voice the opinions of all stakeholders on a regular basis.” It would hold quarterly meetings and be made up of fleet operators, bro-kerages, drivers, owners, associa-tions and City officials. The lack of this kind of forum means eas-ily resolved problems aren’t dealt with quickly.

The report also attempts to de-bunk myths about Ambassador taxi licenses.

The report says it is myth that converting Ambassadors to Stan-dard plates will result in lower ve-

hicle quality. “As business owners, it would be to their benefit to work with professional drivers who will keep the car safe and clean.”

Making the requested changes would mean returning to the “bad old days” is also a “red herring designed to frighten politicians to maintain the status quo.” No one wants to turn the clock back. Converting plates to Standards “is designed to address an inequity facing operators and has nothing to do with the quality of service unless you consider that fair regu-lations will allow drivers to take pride in the work they do.”

The idea the public will lose if Ambassadors are converted is a myth. Ambassadors, like all oth-ers in the industry, “are concerned about quality service. It is in no one’s interest to allow taxis to de-teriorate, and a vigilant press, pub-lic and social media will ensure quality problems are spotted very quickly.

The idea that Ambassadors now have “pride of ownership” and this has led to better quality is also a

myth. The submissions state, “The Ambassador operator is not an owner... There is no direct rela-tionship between increased qual-ity of vehicle and the Ambassador program.”

There is a myth that once Am-bassadors have their plates con-verted to Standards they will “sell or move to Florida.” The report says, “The vast majority of Am-bassador operators will continue to drive… the notion of anybody re-tiring to live in Florida (on $1200 a month) is ludicrous.”

Converted Ambassador owners will not “exploit drivers.” These operators know the working con-ditions drivers face and are “de-termined not to do what has been unjustly done to them.” They also want to ensure the quality of their investment.

It is a myth that converting Ambassador will “overload the system” and there are too many drivers now. The report says Am-bassadors are on the road now. Converting plates will allow own-ers to work with drivers who can’t

get cars now. Extra drivers would fill in on weekends and evenings, giving customers more access to cabs in slow times.

Having 1,200 names on the waiting list now for an Ambassa-dor plate means the system works is also a myth. “The number on the waiting list is immaterial as they would be on a list for a Standard plate.”

The idea that the City would be giving a $250,000 gift to Ambas-sadors is also a myth. “Not one penny is coming from taxpay-ers.” Instead, the City would make money from the conversion, the report argues. Ambassadors have put “sweat equity” into the busi-ness. The City is not concerned at the prices other licensed busi-nesses sell for. “This is more like a government of socialist state con-trol than a free enterprise capitalist system. The alternative is for the City to confiscate or to buy back ALL taxi licenses at an estimated cost of $1 Billion and put all taxi drivers on the City payroll.”

Some maintain Ambassador

plates should not be considered a pension. The report says, “The issue is one of fairness.” Ambas-sadors are small business people who want a return on goodwill and hard work they have invested.”

In December of 2010, Beck commissioned a consumer study about taxicabs, including Am-bassadors, done by Bradgate Re-search.

It found for the public, “There is no meaningful impression cur-rently of Ambassador Taxicabs.”

The public reported cabs are easy to hail, good value, efficient, cost effective and environmentally friendly.

Compared to public transit the public found taxis are safer, faster, with more payment options and greater service coverage and are more convenient.

The public “strongly” feels cabs should have access to the same road lanes as busses.

When asked about their last ex-perience with a taxi, 95% found the experience to be “Excellent Good or Ok.”

Advertise on-line at taxinews.com call Peter Medland at

416 694-5558 to find out how

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February 2012

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19 February 2012Letters to The Editor

20 February 2012

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To the editor,

In recent weeks and at the December 8, 2011 major stakeholders meeting, there

has been a renewed interest in our members seeking govern-ment Workplace Safety and Insurance Board (WSIB) cov-erage while driving their taxis. The WSIB is part of the Ontario Ministry of Labour and over the past 25 years or so, I have had several meetings with this Min-istry in an attempt to have the government mandate taxi driver workplace safety throughout the Province and part of those talks were about WSIB coverage for all Ontario taxi drivers.

I am sending this letter to in-form our membership what came out of my efforts and to attempt to educate them what may or may not occur in their quest for this work-place insurance coverage. In 2009 the Occupational Health & Safety Amendment Act (Violence & Ha-rassment in the Workplace – 2009) came into being.

Section 71 of this Act deals with safety in our industry. The problem with the section was that the Min-istry did not enact it at this time

hoping that all jurisdictions would voluntarily enter into taxi driver workplace safety programs but if not, they would seek an order by the Lieutenant Governor in Coun-cil to enact the section thus legally mandating all jurisdictions oper-ating a taxi industry to begin the taxi safety programs. Most areas in Ontario have not entered into a taxi workplace safety initiative therefore it is overdue to enact the section. If WSIB were to be sought and mandated in our industry this must be the first step as without it would be basically putting the cart before the horse.

Our members must first real-ize that this coverage has always been available to them on an inde-pendent basis but in my opinion, cost prohibitive. The Ministry has informed me that effective Janu-ary 1, 2012, it would cost $4.99 per $100 gross earning power or about 5 percent or your total earn-ing capabilities to attain cover-age, totally out of reach for a taxi driver. Yes, group coverage would be cheaper but the question is, how much cheaper and would this still be out of reach for taxi drivers across the Province?

I do caution our members to ap-proach this very carefully. It was recently reported that the WSIB is many of millions of dollars in the hole and we must make sure that the Province is not trying to make up some of their financial short falls through our industry like the City of Toronto uses us as a licens-ing cash cow. It is estimated that 30 percent of all Ontario workers are without this coverage so the Province, due to its financial hard-ships, will be no doubt try to tap into all avenues to recoup those dollars.

They have started this process by recently mandating many sec-tors of the construction business to have WSIB coverage so it is just a matter of time before we come up on their radar screen. Seeing as the legislation is already there, it only takes a stroke of the pen and we will be mandated as well.

Our provincial government knows very little on how our in-dustry works and it would require extensive education to bring them up to speed on our industry before any program should be enacted. During one of the meetings a se-nior WSIB member stated, to as-

sess premiums it would require taxi drivers to submit their T4 earning slips. He had no knowl-edge that we are not employees but self-employed therefore do not receive T4 slips.

It also started a discussion on how we would be categorized because at that time WSIB were basically dealing with an em-ployer employee mindset. Would taxi drivers be dedicated con-tractors? Non-dedicated contrac-tors? Self-employed? I informed them that we have been viewed in these and a number of other ways when it comes to employ-ment status depending on who is dealing with us and what they are seeking. This of course would have to be resolved.

The Ministry must be made to realize we are not getting cheques weekly, bi-weekly or monthly as the vast majority of people they cover do. There is not a constant in our earning capabilities form day to day therefore a respon-sible premium must reflect this along with what situations would a taxi driver make claim. Com-paring to most other vocations in their system, it is my belief our

claims would be much less than most other workers therefore we should not be categorized in their general scope of thought and that a new reflective way of setting reasonable premiums should be sought.

There are numerous other is-sues that would have to be tabled and resolved before the Ontario taxi industry could possibly be brought into the fold of the WSIB. Should our membership be entitled to this coverage? Is it attainable? Yes to both questions and with the recent changes, I believe it is and we are. But the big red flag that appears to me is, “Is it affordable?” That will have to be negotiated and resolved at the bargaining table with the Province so make sure you are prepared and know your facts before sitting down as although the issue is the same, how you get there will be entirely differ-ent as our members are looking for responsible and attainable coverage while government as usual will be looking only at the dollars that can be made.

I remain,Gerald H. Manley

Know your facts when seeking WSIB coverageLetters to The Editor

‘Stopping’ fines a big concern• from page 6being the morning and afternoon rush hours being targeted by this law.

This proposed fine increase is causing concern amongst Toron-to’s taxi and limousine drivers.

Note: An old 1978 City or Met-ro law allows taxis (but not Toron-to limousines) to be exempt from tickets so long as they are picking

up or discharging passengers and/or their luggage. However, it is widely believed that many mem-bers of Toronto Police Services may not be fully aware of this old legal taxi exemption and will tick-et these drivers anyway.

In regards to this lack of equali-ty between the old legal protection given to Toronto taxicab drives, but not to Toronto’s limousine

drivers, Terry Danylevich, Toronto licensed independent limousine operator and licensed taxi driver, stated, “It’s not fair. Toronto li-censed limousine drivers provide valued personal transport to To-ronto’s citizens, visitors and busi-ness people during rush hour just like taxis; we need the same legal protection from unfair ticketing.”

As for the belief that many To-ronto Police Service personnel are not aware of the old taxi exemp-tion, or may have forgotten, Mr. Danylevich stated: “I’m request-ing that the City send mailed no-tices by Canada Post to all Toronto Police Service and Parking per-sonnel to ensure that they know of the new taxi and limousine ticket-ing exemption – if it’s passed.”

He added: “If the City won’t send this special notice due to the reason of high postage costs to the ‘taxpayer’ and the current budget problems, then I’ll pay up to $3,000 of postage costs for this mailing myself.” Note: The Toron-to limousine industry alone pays about $600,000 in licensing fees to the City each year (estimated).

He also said: “It’ll hurt my pocket-book big time, but it’ll be worth it if it helps reduce the amount of taxi and limousine tick-ets being erroneously issued after all these years.”

Terry Danylevich