Arbitrator Allen Ponak (Past President of the NAA) sent us notice of a recent decision by the Ontario Court of Appeals dealing with the use of arbitration clauses by Uber. In Heller v. Uber Technologies, 2019 ONCA 1 (1/2/2019), the Court of Appeals threw out a mandatory arbitration clause for Uber drivers in Ontario, calling it a potential violation of the Ontario employment standards legislation (“potential” because the employee status of Uber drivers is still being litigated). The court also considered it unconscionable, given the imbalance of power between the parties. Uber drivers can take Uber to court as result, which likely would be as part of a class action.
