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ARTICLE · 03 SEPTEMBER 2021

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Uber Class Action Certified: Ontario Court Ruling Lays Foundation For Common Issues Trial In Independent Contractor Classification Dispute

Stikeman Elliott LLP
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Tamara Ticoll Alexandra Urbanski Michael Ng

CanadaLitigation, Mediation & Arbitration
Tamara Ticoll
Tamara Ticoll
Alexandra Urbanski
Alexandra Urbanski
Michael Ng
Michael Ng
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In  Heller v. Uber Technologies Inc.,  the Ontario Superior Court of Justice certified a class action lawsuit brought by Uber drivers who claim they have been misclassified as independent contractors and denied employment benefits.

Background

In 2017, the representative plaintiffs, an UberEats driver and an Uber driver (the "Plaintiffs"), commenced a proposed class action in Ontario against Uber Technologies Inc. and related entities (together, "Uber") on behalf of persons who have entered into Service Agreements with Uber to use software applications ("Uber Apps") developed and operated by Uber to provide transportation and food delivery services (the "Class Members").

The Service Agreements label the Uber drivers or delivery people as "independent contractors". This legal categorization was disputed by the Plaintiffs, who alleged that they should be classified as employees, and therefore, entitled to the benefits of Ontario's Employment Standards Act, 2000

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