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ARTICLE · 09 SEPTEMBER 2021

Where To? Another Trip For Uber As The Heller v Uber Technologies Inc. Class Action Drives Ahead

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Following the Supreme Court of Canada's highly anticipated decision in Uber Technologies Inc. v Heller, 2020 SCC 16, on August 12, 2021, the Ontario Superior Court of Justice...

CanadaLitigation, Mediation & Arbitration
Cassie Chaloux
Cassie Chaloux
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Following the Supreme Court of Canada's highly anticipated decision in Uber Technologies Inc. v Heller, 2020 SCC 16, on August 12, 2021, the Ontario Superior Court of Justice certified the class action proceeding against Uber. The certification comes after an almost five-year battle that commenced in January 2017, in which Uber drivers attempted to become recognized as employees of Uber rather than independent contractors.

The Uber Chronology

I. The Lower Court Decisions

In 2017, Mr. Heller, who worked as a food delivery driver and courier through Uber's app, brought a class proceeding against Uber for violations of Ontario's Employment Standards Act, 2000, SO 2000, c 41 [ESA]. Among the alleged violations were Uber's failure to provide the minimum wage and vacation pay as mandated under the ESA. The proceeding was successfully stayed by Uber in reliance on an arbitration clause in Uber's standard form services agreements that required a driver to participate

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