Wasylyk v. Lyft & Pokornik v. SkipTheDishes Restaurant Services Inc

Manitoba and Ontario courts reached different outcomes on the question of the enforceability of arbitration agreements involving gig workers.

Background

This year, the Ontario and Manitoba courts grappled with the enforceability of arbitration clauses in contracts involving "gig workers"—those working as independent contractors in the service industry. In Wasylyk, the Ontario Superior Court stayed a class proceeding commenced in the civil court because of the existence of an arbitration agreement. By contrast, in Pokornik, the Manitoba Court of Appeal (upholding a decision of the Manitoba Court of King's Bench) determined that a similar arbitration clause was unenforceable.