On June 26, 2020, the Supreme Court of Canada released Uber Technologies Inc. v.
Heller, a much-awaited decision regarding the
enforceability of an arbitration clause in Uber's standard
form driver agreement. The decision is tremendously important for
those involved in the gig economy. The gig-economy is where
individuals engage in temporary and flexible jobs often through
online platforms and apps to provide services like ride-sharing,
food and package delivery, and pet sitting.
In the decision, the Court held that the arbitration clause in
the agreement between Uber and a food delivery driver was so unfair
it was unenforceable, which will now permit a sizeable class-action
lawsuit against Uber in Ontario to proceed. The decision has
significant implications for many commercial contexts, but it is
especially important for employers that rely on standard form
agreements and contract with workers online.
