Heller v. Uber Technologies Inc.

2019 ONCA 1 (CanLII)Court of Appeal for OntarioDecided Employment standards

Heller v. Uber: Arbitration Clause Invalidated

Summary

This is an appeal concerning the validity of an arbitration clause in agreements between Uber and its drivers. The Court of Appeal for Ontario invalidated the clause, finding it constituted illegal contracting out of employment standards under the Employment Standards Act, 2000, and was unconscionable. The court held that the clause eliminated statutory rights and was substantially improvident, thereby precluding a mandatory stay of proceedings.

Outcome

Appeal allowed; arbitration clause invalidated

Key Factors

  • arbitration clauses
  • employment standards
  • unconscionability
  • contracting out
  • stay of proceedings

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