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In Heller v. Uber Technologies Inc., 2019 ONCA 1, the Court dealt with an appeal staying the plaintiff’s action in favour of arbitration. The Court of Appeal reversed the motion judge in favour of the Appellant, Heller in his quest to commence a Class Action against Uber.
The Court dealt with two issues: (1) whether the Arbitration Clause amounts to an illegal contracting out of the Employment Standards Act and is thus invalid and (2) whether the Arbitration Clause is unconscionable and thus invalid on that separate basis.
In a well reasoned decision the Court of Appeal found in favour of Heller on both issues.
The Court stated at paragraph 67 :
“I believe that it can be safely concluded that Uber chose this arbitration clause in order to favour itself and thus take advantage of its drivers, who are clearly vulnerable to the market strength of Uber, ”the appeal court said, ”It is a reasonable inference that Uber did so knowingly and intentionally”.