Ontario's Superior Court of Justice has certified a class
action lawsuit against Uber Technologies Inc. and other Uber
entities (collectively "Uber"), paving the way for a
potential common issues trial, which will decide whether Uber
drivers and delivery persons have been misclassified as independent
contractors.1
Background
In 2017, the plaintiffs filed a claim against Uber seeking
$200-million in compensation and $200-million in punitive damages
on behalf of thousands of drivers and delivery persons who have
entered into Service Agreements with Uber to use software
applications developed and operated by the company ("Uber
Apps") since 2012.
The plaintiffs allege that Uber has misclassified drivers and
delivery persons as independent contractors, as opposed to
employees. They also allege that Uber has breached its
contracts with drivers and delivery persons, and contravened
various statutory requirements under the Employment
Standards Act, 2000 (the