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ARTICLE · 01 JULY 2020

Beware Of Boilerplate Contracts: Uber Technology Inc. V. Heller, 2020 SCC 16

Filion Wakely Thorup Angeletti LLP
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In a highly-anticipated decision, the Supreme Court of Canada ("SCC") ruled in favour of Uber drivers and food delivery personnel, finding that an arbitration clause within an online standard-form...

CanadaLitigation, Mediation & Arbitration
Janeta Zurakowski
Janeta Zurakowski
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Bottom Line

In a highly-anticipated decision, the Supreme Court of Canada ("SCC") ruled in favour of Uber drivers and food delivery personnel, finding that an arbitration clause within an online standard-form "contractor" agreement was invalid because it was unconscionable. This outcome allows Uber drivers and food delivery personnel to commence a class action lawsuit in Ontario that alleges they are "employees" rather than "independent contractors" and thus are entitled to protections under the Employment Standards Act, 2000 ("ESA").

Background and Procedural History

Uber and its various corporate entities, with corporate headquarters in the Netherlands, engage individuals as drivers (Uber) and food delivery personnel (UberEats) for short- and long-term commitments across Canada.

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