Airports Authority files suit to keep limo, bus companies off its property

The Winnipeg Airports Authority is going to court to try to bar a man’s limousine and bus companies from its property.

The man’s lawyer says the lawsuit comes after the WAA unilaterally terminated his client’s commercial transport licence without cause.

The airport authority’s lawyers filed a statement of claim and notice of motion in Court of King’s Bench last week, naming Hollywood Limousine Service, Hollywood Transportation Services, Canada Bus Lines, Peg City Limo Corp. and an unnamed company as defendants.

The named companies share the same West St. Paul address. Rupinder (Ricky) Brar is the director of all four.

In its court filings, the WAA says none of the companies are properly licensed to offer commercial transport from the airport and are, therefore, trespassing.

All commercial transporters offering services at the airport must have a licence issued by the WAA.

But its court action is just a reaction to lawsuits already filed by the companies in an ongoing dispute, argued the transport firms’ lawyer, Stephan Thliveris.

The companies had been licensed until recently, he said, adding his client has operated his businesses for years, including at the airport.

Thliveris said the airport authority’s recent move to pull his client’s licence to conduct business at the airport was without “cause or foundation.”

“Representatives of the WAA have suggested that payments for monthly fees had been missed. However, (they) neglected to utilize a $20,000 retainer held by WAA to cover any invoices and/or payments,” said Thliveris.

“Legal counsel for the WAA have been silent on that specific topic … It is our client’s position that no foundation to terminate our client’s licence was, or is, present.”

The authority’s court filing last week is a “further effort to disrupt our client’s business endeavours,” he said.

The WAA is seeking a declaration from the court that the companies are trespassing.

The lawsuit also asks for an injunction from the court prohibiting the companies from entering airport property, including the section of Wellington Avenue under the authority’s control, and offering any limousine, taxi, bus or other commercial vehicle services there.

The airport authority said in its recent court papers it served a notice of trespass to “Hollywood” vehicles on Aug. 28, but those vehicles then began to operate under the name “Peg City.”

“The plaintiff’s control and operation of the airport, and specifically, the airport property, has been impacted,” reads the authority’s statement of claim.

“In the alternative, the defendants’ trespass has caused the plaintiff to suffer loss and damage by reason of the loss of revenue obtained through the licensing regime.”

On top of an injunction, the airport authority’s lawsuit is seeking monetary damages, to be proven at trial.

Thliveris’s client has filed two lawsuits over the issue, first in July and another earlier this month.

Hollywood Limousine’s July lawsuit seeks damages for lost revenue, interference with a commercial interest and damages for the airport authority “managing the contractual relationship in bad faith.”

The transport firms’ second lawsuit seeks a court declaration that their actions don’t constitute trespassing on airport property.

The lawsuits have not gone before a judge.

Thliveris said his firm will be filing suit against the WAA on behalf of a different client who will be seeking an order permitting her to use whatever service she chooses to go to and from the airport.

“It is our client’s position that the actions of the WAA are inappropriately taking away the public’s choice as to who they can use for transportation services to and from a public location,” said Thliveris of the yet-to-be-filed statement of claim.

erik.pindera@freepress.mb.ca