CASE #3

Dale arrived at the Pearson International Airport on a trip from Paris. On leaving the building at the arrivals level, Dale was approached by Carmen, the owner and operator of a taxi licensed by the city of Toronto.The airport is in Mississauga, where a by-law forbids taxis not licensed by that municipality to pick up fares in Mississauga, including at the airport. Dale got into the taxi, unaware that Carmen was not licensed in Mississauga. On the way to his home in Mississauga, Dale learned from a notice posted inside the taxi that Carmen did not have a Mississauga license.When he arrived home safely, Dale refused to pay for his ride.Carmen sued Dale in small claims court.What is the main legal issue? Should he succeed? Explain.