A Toronto woman is suing Uber Canada over an alleged sex assault by a driver, in the first case of its kind in this country
The 20-year-old plaintiff, identified only as A. B. in the lawsuit, says she was sexually assaulted by the ridesharing driver around 3 a.m. on July 14. She had called an Uber after leaving a birthday party, but her ride never showed up. Another Uber driver who was outside the home offered to drive her home, and she agreed.
“The reason she feels safe getting into a vehicle with a strange man at three in the morning is because he’s an accredited Uber driver,” Darryl Singer, the head of civil litigation at Diamond & Diamond, told CTV News Toronto.
“They tout safety, safety, safety, safety.”
The lawsuit alleges that Uber was negligent in its duty of care and failed to adequately screen the driver.
“Ridesharing services such as Uber have an utmost duty to carry passengers safely to their destination,” reads the statement of claim. “Uber failed to do so.”
Singer also says due diligence aside, the company is to blame through the civil principle of vicarious liability - in which, he alleges, Uber is responsible for the acts of its drivers.
“The fellow is out there, driving around in a vehicle with the Uber app, with the Uber light, and my client’s choice to get into the vehicle is entirely based on the fact that this is an Uber vehicle,” he said.
The plaintiff is suing for $5 million, to account for damages that include mental anguish, shame, humiliation, anxiety, depression, and insomnia.
Although there have been many similar lawsuits in the United States, Singer believes this case is the first of its kind in Canada.
Uber has revoked the driver’s ridesharing licence and access to the app.
"What has been described is horrible and has no place anywhere,” a spokesperson told CTV News Toronto in a statement.
“We are fully cooperating with law enforcement and will continue to support their investigation."
Toronto police have charged 33-year-old Suhail Siddiqi of Ajax with sexual assault, robbery, and overcome resistance by choking in connection with the incident. None of the allegations has been proven in court.
Siddiqi is also named as a defendant in the civil case.
A lawsuit filed by a Toronto woman who alleges she was sexually assaulted by an Uber driver (Superior Court of Justice)
