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.
