Supreme Court of Canada decision clears way for planned C$400M lawsuit against Uber by its drivers

OTTAWA — ., released Friday, could have big consequences for the validity of online contracts common in the gig economy.The case was first launched in 2017 by David Heller, a driver in Toronto for the company’s food-delivery service UberEats. He alleged the firm was breaking the terms of its contract with workers as well as Ontario’s employment law. The lawsuit argued that he and other drivers were, in fact, Uber’s employees, the court said in a backgrounder on the case.

In Friday’s Supreme Court ruling, the majority of justices agreed the courts should decide if an arbitration clause in Uber’s contracts with those who work for the company was unfair. In its decision, the high court also deemed the arbitration agreement invalid. “The arbitration agreement was part of a standard form contract. Mr. Heller was powerless to negotiate any of its terms. His only contractual option was to accept or reject it. There was a significant gulf in sophistication between Mr. Heller, a food deliveryman in Toronto, and Uber, a large multinational corporation.”

A lower court sided with Uber and stayed the lawsuit in favor of arbitration to determine if the clause was unfair, but Ontario’s Court of Appeal agreed with Heller that the agreement was invalid.a tweet Friday that the Supreme Court decision has “enormous implications”

Big changes will come if they are categorized as employees. Set schedules 8-5 etc, set territories, can't have employees tripping over one another, base hourly plus commission (quotas need to hit) don't meet them fired etc. Working conditions may suck. Rider rates go way up.

As someone familiar with the independent contractor model, I have to say, its bullshit. They are employees in every sense except liability.

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