I would like to point out this is in Canada. Are you trying to call Great Britain a bastion of liberty now?
The Plaintiff alleges that Uber X and Uber XL has created an enormous marketplace for illegal transportation in Toronto,
Here's a question for you, Mr. Lawyer: After you've gone through indictment, court proceedings, habeas corpus, public review, jury trial, appeals, evidence requirements, all the the other normal procedural due process, can you still be left with a verdict that is unfair and unjust, because the law itself is fundamentally unfair?
At least in the USA, the answer is yes, and that's known as violating substantive due process. It can also be an unconstitutional violation of the equal protection of the laws. Canada seems to call it fundamental justice.
tl;dr if it's even illegal at all, it's "illegal" the same way that not giving up your in front-of-bus seat, or marrying someone of a different race, is "illegal".