Samara Belitzky

At a case management conference in a certified class proceeding against Uber, the court considered whether to schedule the plaintiffs' proposed motions to amend their statement of claim and certify an additional common issue regarding an arbitration and class action waiver clause.

The defendants had already brought a motion to amend the class action notices.

Pursuant to section 12 of the Class Proceedings Act, 1992, the court exercised its discretion to allow the plaintiffs' motions to be scheduled and heard together with the defendants' motion, and set a timetable for the delivery of materials and the hearing.

The Ontario Superior Court of Justice addressed disputes regarding the Notice of Certification and Notice Plan in a certified class proceeding against Uber.

The plaintiffs, representing drivers and delivery people seeking employee classification, proposed a notice plan.

Uber responded with alterations, including broader newspaper publication and inclusion of its defence commentary.

The court largely sided with Uber, approving a more robust, province-wide notice plan sensitive to language and diversity, and requiring the inclusion of Uber's legal position in the notices.

The court also apportioned the costs of newspaper notices 33% to the Plaintiffs and 67% to Uber.

This decision addresses an omnibus motion and cross-motion within a certified class proceeding concerning the employment status of Uber drivers and delivery people.

The court granted Uber's request to certify an additional common issue, which clarifies the possible classifications of the relationship between Uber and class members (customer, independent contractor, or employee).

The court dismissed the plaintiffs' request to certify a common issue regarding the validity of the Class Action Waiver, finding that no cause of action had been pleaded to support such a claim.

The enforceability of the Class Action Waiver will not be determined at the common issues trial but may be addressed at individual issues trials.

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 plaintiff in a proposed class action against Uber sought court approval of a third-party litigation funding agreement with Augusta.

The proposed class action alleges that Uber breached employment contracts and the Employment Standards Act, 2000.

The court reviewed the four-factor test for approving third-party funding agreements, noting that the agreement was necessary for access to justice, fair and reasonable, and did not overcompensate the funder.

The court approved the litigation funding agreement.

The plaintiff brought an action for wrongful dismissal, and the defendant counterclaimed for damages for breach of contract.

The dispute arose after the plaintiff issued an ultimatum regarding her husband's pay and subsequently participated in organizing a work stoppage, demanding changes to her employment duties.

The court found that while the plaintiff did not clearly resign, her actions constituted a repudiation of her employment contract, justifying the end of her employment.

The plaintiff's claim was dismissed.

The defendant's counterclaim for wrongful resignation was also dismissed, as the defendant failed to prove that the plaintiff's departure caused the alleged financial losses.

The applicant moved to amend the timetable and compel the respondent to provide a further and better affidavit of documents.

The respondent sought to dismiss the motion, arguing compliance and proportionality.

The court found the respondent's affidavit of documents did not comply with Rule 30.03 and Form 30A, particularly regarding particulars for Schedule A and detailed grounds for privilege in Schedule B. The applicant was also directed to review her Schedule B. The court ordered the respondent to serve a compliant affidavit and amended the litigation timetable.

Costs were awarded to the applicant on a partial indemnity basis.