Victoria Taxi ordered to pay $12K after driver refused woman with collapsible wheelchair

Victoria Taxi and one of its drivers have been ordered to pay $12,000 after the BC Human Rights Tribunal found they discriminated against a woman who was denied a ride because she had a collapsible wheelchair.

The decision, issued September 2nd, stems from an incident on August 20th, 2021, when the woman booked a taxi to attend a medical appointment.

The complainant is identified only as Ms. T due to an order limiting the publication of information that could identify her.

According to the decision, Ms. T has a chronic neurological condition stemming from Lyme disease and uses a cane or wheelchair as needed. A healthcare worker was helping her prepare for the appointment and planned to accompany her.

When driver Ehsan Khan arrived in a four-door sedan, he allegedly told the women the wheelchair would not fit in the vehicle.

The Tribunal accepted evidence that the wheelchair was lightweight, collapsible and roughly the size of a suitcase when folded.

The healthcare worker attempted to show Khan that it would fit, but the Tribunal found he pulled the wheelchair away, closed the trunk and told them they needed to call a “disability van” before leaving.

Ms. T then contacted Victoria Taxi and reported that she had been refused service. The Tribunal accepted her evidence that a dispatcher told her she should have requested an accessible taxi because drivers did not want to deal with wheelchairs.

She ultimately called Bluebird Cabs, which sent a minivan and transported her to the appointment. She arrived late, but the appointment was able to proceed.

In their initial response to the complaint, Khan and Victoria Taxi said the wheelchair was too large to fit in a regular taxi and disputed other parts of Ms. T’s account. However, neither respondent participated in the hearing or presented evidence, leaving the testimony of Ms. T and her healthcare worker undisputed.

Tribunal member Amber Prince determined the wheelchair was a portable mobility aid that could be accommodated in a regular taxi and that Ms. T was not required to request an accessible vehicle.

The Tribunal found the refusal of service amounted to discrimination based on disability. It also concluded that Khan’s rude and dismissive treatment of Ms. T was discriminatory based on both her disability and sex.

A separate allegation that Khan refused to wear a mask was dismissed because the Tribunal found there was not enough reliable evidence to support it.

Khan and Victoria Taxi were ordered to jointly pay Ms. T $12,000 for injury to her dignity, feelings and self-respect, along with post-judgment interest.

Victoria Taxi must also provide at least two hours of mandatory human rights training to all staff and managers within six months. The training must address the company’s obligation to serve people who use wheelchairs, including portable mobility aids.

The company was also ordered to confirm in writing that Ms. T can travel in its regular taxis with her collapsible wheelchair and will receive assistance getting herself and the wheelchair into and out of the vehicle.