Lisa Talbot

The parties disputed the wording of a Certification Order in a class action regarding whether Uber drivers are employees.

The defendants requested the addition of the phrase 'to be calculated and assessed on an individual basis' to the paragraph describing the relief sought.

The court granted the request, finding that the phrase provided true and helpful information to the putative class members regarding the potential need for individual issues trials.

The plaintiff brought a motion to certify a class action against Uber on behalf of drivers and delivery people, alleging they are employees misclassified as independent contractors and are entitled to benefits under the Employment Standards Act, 2000.

Uber opposed certification, arguing the relationship is idiosyncratic and relying on a new Arbitration and Class Action Waiver Clause.

The court certified the action for breach of contract and ESA claims, finding some basis in fact for common issues regarding employment status based on the standard form contracts and app functionality.

The court declined to strike down the arbitration clause at this stage, ordering that class members be given notice of its potential legal significance.

The representative plaintiffs in three related class actions concerning the employment status of major junior hockey players sought approval of a $30 million settlement.

The court declined to approve the settlement because of an eleventh-hour objection raising concerns that the standard form release in the settlement agreement might bar class members from pursuing other existing class actions against the defendants for concussions, sexual abuse, and anti-competitive behaviour.

The court found that the release needed to be renegotiated to ensure it did not prejudice class members' rights in those other actions.

In a certified class action regarding whether document reviewers were employees or independent contractors, the plaintiff moved for a further and better affidavit of documents.

The court reviewed 11 categories of requested documents.

The court ordered the production of the defendant's insurance policy under Rule 30.02(3), but dismissed the remaining requests, noting that a party has no obligation to create documents that do not exist, and that requests for privileged communications and judicial inspection were premature or improper.

The plaintiff brought a motion to approve a $19,000,000 settlement in a class action regarding unpaid overtime, as well as a distribution protocol and class counsel fees of 33%.

The court appointed amicus curiae to assist in assessing the reasonableness of the settlement and fees.

Finding the settlement to be a rational compromise based on expert analysis of electronic timekeeping data, and the contingency fee to be consistent with similar class proceedings, the court approved the settlement, distribution protocol, and class counsel fees.

The plaintiff, an UberEATS driver, commenced a proposed class action alleging that Uber drivers are employees and entitled to the protections of the Employment Standards Act, 2000.

The defendants moved to stay the action in favour of arbitration in the Netherlands, relying on the arbitration clause in the service agreements.

The court held that the International Commercial Arbitration Act, 2017 applied and that, under the competence-competence principle, the arbitrator must determine their own jurisdiction in the first instance.

The court found no unconscionability or statutory bar to arbitration and stayed the action.

Following a certification motion in a proposed class action by former junior hockey players seeking minimum wage and overtime pay, the court determined the costs awards.

The plaintiffs succeeded in certifying the action against the Canadian teams but failed against the American teams.

The court awarded the plaintiffs $1,212,065.63 in partial indemnity costs, with $500,000 payable forthwith and the balance in the cause.

The American teams were awarded $200,000 in costs, which the court ordered to be credited against the plaintiffs' award, akin to a Bullock or Sanderson order, reflecting that both sides were responsible for the excessive litigation expense.

The plaintiffs, former players in the Ontario Hockey League, brought a motion to certify a class action against the Canadian Hockey League, its regional leagues, and their respective teams.

The plaintiffs alleged that the players were employees and were entitled to minimum wage and overtime pay under employment standards legislation.

The court certified the action as a class proceeding for the claims of breach of employment statutes and unjust enrichment against the Ontario teams.

The court declined to certify the claims against the U.S. teams, finding that a class action in Ontario was not the preferable procedure for those claims.

The court also declined to certify redundant causes of action, including breach of contract, negligence, breach of good faith, conspiracy, and waiver of tort.

The court found that the representative plaintiffs were adequate and had no disqualifying conflict of interest with current players.

The plaintiff brought a motion to certify a class proceeding against the defendant employer for unpaid overtime.

The proposed class included non-management employees subject to the defendant's overtime policy.

The court found that the pleadings disclosed valid causes of action in breach of contract, unjust enrichment, and negligence.

The court certified the action, finding that there was an identifiable class, common issues regarding systemic practices and aggregate damages, that a class proceeding was the preferable procedure, and that the plaintiff was an appropriate representative.