Uber Class Action
Cavalluzzo was co-counsel with Samfiru Tumarkin LLP in a proposed class action against Uber Technologies Inc. and related companies (collectively "Uber") on behalf of Ontario residents who have driven for Uber since 2012. The action alleges that the drivers are employees of Uber and have been improperly denied the protection and benefit of the Ontario Employment Standards Act.
A copy of the Statement of Claim in this action can be found here.
On October 13, 2017, Uber brought a motion to stay the class action and send it to arbitration. Perell J. heard the parties' arguments on the motion on January 22, 2018. On January 30, 2018, he granted Uber's motion and stayed the proceedings. Perell J.'s decision can be found here.
David Heller, the proposed lead plaintiff in the action, appealed. Mr. Heller argues that the arbitration clause Uber is trying to enforce, which purports to apply the law of the Netherlands and requires the parties to arbitrate in the Netherlands (among other things), is contrary to the Employment Standards Act and is unconscionable and therefore cannot be enforced against the class members. A copy of Mr. Heller's appeal factum can be found here.
On January 2, 2019, the Court of Appeal reversed the stay of this proposed class action. The Court of Appeal held that Uber’s arbitration agreement was unenforceable because it violated the Ontario Employment Standards Act and was also unconscionable. The litigation will now continue in Ontario. A copy of the Court of Appeal's decision can be found here.
On May 23, 2019, the Supreme Court of Canada granted Uber’s application for leave to appeal the decision of the Court of Appeal. Uber has challenged the Court of Appeal’s decision and is asking the Supreme Court to enforce the arbitration clause. The Supreme Court will likely hold a hearing on this issue in the fall of 2019. A copy of the Supreme Court’s decision can be found here.