The Canadian Supreme Court has confirmed that provisions
imposed on Uber drivers requiring them to resort to international
arbitration in the event of disputes were inequitable.
On 26 June 2020, the Supreme Court of Canada released its
decision in the highly publicised case of Heller v Uber
Technologies Inc. The decision may be significant for
companies in the gig economy as it opens the door for individuals
engaged with Uber to access the Courts and/or other tribunals to
adjudicate any disputes, such as disagreements about the
applicability of the Employment Standards Act, 2000 (the
'ESA').
In this case, an individual engaged as a UberEATS delivery
driver filed a class action lawsuit in Ontario seeking a
declaration that Uber and UberEATS drivers were employees for the
purposes of the ESA, and were therefore entitled to the benefits
afforded to employees under the legislation. Among other things,
the claim sought declarations that Uber had violated the
