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ARTICLE · 13 JULY 2023

Delivery Driver Class Action Against Amazon Stayed And Certification Dismissed

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In Davis v. Amazon Canada Fulfillment Services ULC, 2023 ONSC 3655, Justice Perell of the Ontario Superior Court put an end to a proposed class action...

CanadaLitigation, Mediation & Arbitration
David Di Paolo
David Di Paolo
Nadia Effendi
Nadia Effendi
Laura M. Wagner
Laura M. Wagner
Graham Splawski
Graham Splawski
Monica Kozycz
Monica Kozycz
Glenn Gibson
Glenn Gibson
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In Davis v. Amazon Canada Fulfillment Services ULC, 2023 ONSC 3655, Justice Perell of the Ontario Superior Court put an end to a proposed class action brought on behalf of over 70,000 delivery drivers who deliver packages for Amazon in Canada.

What you need to know

  • In a claim against three Amazon entities, the proposed class encompassed all delivery drivers who used an Amazon app to deliver packages. The proposed class included independent contractor drivers that contracted directly with Amazon, and drivers that were employed by or contracted with third-party delivery companies, who in turn contracted with Amazon.
  • The court enforced all the arbitration agreements class members entered into, rejecting the Plaintiff's argument that arbitration agreements in contracts of adhesion are inherently unconscionable for employees or independent contractors. This decision signals that Canadian courts continue to follow the Supreme Court's general favourability to

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