Ontario Severance

Heller v. Uber Technologies Inc.

2018 ONSC 718 (CanLII)Ontario Superior Court of JusticeDecided Class action - Employment

Heller v. Uber: Arbitration Clause in Employment Class Action

Appeal history

  • Appealed to the Court of Appeal for Ontario: Heller v. Uber Technologies Inc., 2019 ONCA 1 (CanLII) (Appeal allowed; arbitration clause invalidated; upheld by the Supreme Court of Canada (2020 SCC 16))

Summary

This is an interlocutory decision in a class action lawsuit concerning the employment status of drivers for Uber Technologies Inc. The court addressed whether the drivers were employees entitled to protections under the Employment Standards Act, 2000, and whether an arbitration clause in their agreements was enforceable. The court held that the arbitration clause was valid, finding no unconscionability or statutory prohibition, and stayed the class action in favor of arbitration. The case later reached the Supreme Court of Canada (Uber Technologies Inc. v. Heller, 2020 SCC 16). The Supreme Court dismissed Uber's appeal, affirming the Court of Appeal's decision that the arbitration clause was unconscionable and invalid. As a result, Heller's class proceeding is not stayed and can proceed in Ontario courts.

Outcome

Arbitration clause enforced; class action stayed

Key Factors

  • employment relationship
  • class action
  • arbitration clause
  • unconscionability
  • Employment Standards Act

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More Ontario employment decisions from 2018

This summary was written by AI from the published decision and its headnote. It is not an official version of the decision; read the full text on CanLII before relying on it. This is legal information, not legal advice. Ontario Severance is an educational tool. If you are facing a serious employment law matter, consult with a qualified employment lawyer in Ontario.