In a certified class action regarding the employment classification of Uber drivers and delivery persons, both parties brought motions to compel answers to questions refused during examinations for discovery.
Uber also brought a motion under s. 15(2) of the Class Proceedings Act for leave to examine ten additional class members.
The court dismissed both refusals motions, finding the refused questions were irrelevant to the common issues, overbroad, or lacked foundation.
The court granted Uber's motion to examine the additional class members, finding their evidence regarding individual choices and interactions with the Uber app was highly relevant to the common issues, necessary, and would not cause undue burden.
The examinations were limited to a half day per class member.