Does UBC have the right to issue parking tickets? After nearly two years of court proceedings, a decision is about to be made, as the BC Supreme Court is set to rule on a class-action lawsuit against the university.

It began in March 2004 when Daniel Barbour, a chartered accountant, visited UBC and got his car towed. After some inquiry, he found out that his car was towed due an incident two years prior, which he had been informed was resolved. Barbour was denied the opportunity to appeal unless he first paid the fines amounting to $350. After some research however, Barbour alleged that the University Act—the provincial statute that governs UBC—doesn’t give the university authority to create and enforce parking fines. He then initiated the class-action lawsuit, which was approved to go forward by the BC Supreme Court in December 2006. The case was argued in front of the body in September, and now, both sides are awaiting the decision.

Barbour’s lawyer, Reidar Mogerman, told The Province last year that the matter is one of government jurisdiction. “The allegation is UBC doesn’t have the power to fine and penalize like a municipality. If it wanted to run a private parking system like Imperial, that’s fine—but that’s not what it tried to do,” he said.

The class-action lawsuit includes anyone receiving parking fines since 1990—approximately 30,000, according to Barbour—though a number of individuals have opted out.

UBC’s defense in this case was twofold. Originally, the university argued that when individuals conduct business with UBC, or on UBC property, that they are making an implicit contract with the university. The defence suggests that those parking on UBC property have agreed to an implicit contract to accept UBC’s punishments when UBC perceives an infraction. The second part of UBC’s defense was based on the University Act; UBC argues that the University Act affords them the power to make and enforce policy as they see fit.

However, before the trial, UBC abandoned the defence based on the University Act, and is now depending on the “implicit contract” defence.

Barbour’s battle with UBC began with more than just a simple ticket. “I was parked in a parking lot, to discover that a tow truck driver was trying to tow my vehicle. He assaulted me, he struck me with his fist, and I was charged with assault.”

Barbour added that the judge in the assault case found fault with the parking official, who worked for a company contracted by UBC. “It got my attention that [UBC] would hire thugs to tow my truck,” he said, “but regardless, I would have [filed the lawsuit] anyway, because they were trying to lever money out of me that I didn’t owe them. They are too used to dealing with students with the leverage of withholding marks.”

UBC director of Public Affairs Scott Macrae declined to offer his perspective on the case. “Any judicial decision in the case is a hypothetical one at this point, and the university isn’t prepared to speculate on the outcome until a decision is rendered.”