Uber Class Action Given the Green Light to Proceed by Ontario Court of Appeal

The Ontario Court of Appeal has now ruled that the proposed class action law suit against Uber is not barred by the Arbitration Clause in Uber’s contract.

I last wrote about the case of Heller v. Uber Technologies Inc. in March 13, 2018 in my article Arbitration Clause in Employment Contract puts the Breaks on the Uber Class Action in Ontario. At that time, the Honourable Mr. Justice Paul M. Perell found, among other things, that:

• the plain language of the Employment Standards Act (the “ESA“), does not restrict the parties from arbitrating; and
• the arbitration clause was not unconscionable.

Interestingly, Justice Perell seemed to believe that the legal result was “absurd public policy”.

It will come as a relief not only to the thousands of Uber Drivers but many employees in Ontario, that the Court of Appeal has reversed this decision.