Proposed class action against Uber can proceed, Ontario appeal court rules
A proposed class-action lawsuit against the ride-hailing company Uber filed by one of its drivers will go ahead after Ontario's top court reversed a lower court decision that would have sent the matter to arbitration overseas. The lawsuit, which claims Uber drivers are employees rather than contractors and thus subject to Ontario's labour legislation, had been stayed in 2018 by a motion judge who found Uber drivers were bound by the arbitration clause. The three-judge appeal panel says the motion judge erred on several points, including in considering the arbitration clause like the kind seen in "normal commercial contracts" where the parties are relatively equal in power and sophistication. The appeal court ruling does not deal with the claims made in the lawsuit, which will be tested in civil court. Nor does it rule on whether the suit qualifies as a class action.