A controversial clause found in Uber’s contracts for its Ontario drivers is illegal, “unconscionable” and “unenforceable”, the Ontario Court of Appeal declared in a decision released today. The Arbitration Clause declares that all legal disputes between Uber and its Ontario drivers are to be heard in the Netherlands, rather than a local court.

In its decision concerning Heller v. Uber Technologies Inc., the Ontario Court of Appeal concluded that “Uber chose this Arbitration Clause in order to favour itself and thus take advantage of its drivers, who are clearly vulnerable to the market strength of Uber” and that the clause “amounts to an illegal contracting out of an employment standard if the drivers are found to be employees.”

Employment lawyer Lior Samfiru, founding partner of Samfiru Tumarkin LLP and one of the lawyers representing David Heller, joined Newstalk 580 CFRA in Ottawa to discuss the recent decision, and what it means for the class action lawsuit against Uber that argues that Uber drivers are actually employees and not independent contractors.

Read Samfiru Tumarkin's release about the Ontario Court of Appeal's decision here.

Read about the decision in The Toronto Star,The Financial Post, and on CBC News.

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Before you call a lawyer, use the Pocket Employment Lawyer to calculate your potential severance package and find out if you might have a case.

Call 1-855-821-5900, email Help@EmploymentLawyer.ca or fill out a contact form to get help from an employment lawyer.

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A controversial clause found in Uber’s contracts for its Ontario drivers is illegal, “unconscionable” and “unenforceable”, the Ontario Court of Appeal declared in a decision <a href="http://stlawyers.ca/wp-content/uploads/2019/01/heller-v.-uber-technologies-inc.-2019-onca-1.pdf">released today</a>. The Arbitration Clause declares that all legal disputes between Uber and its Ontario drivers are to be heard in the Netherlands, rather than a local court.
In its decision concerning Heller v. Uber Technologies Inc., the Ontario Court of Appeal concluded that “Uber chose this Arbitration Clause in order to favour itself and thus take advantage of its drivers, who are clearly vulnerable to the market strength of Uber” and that the clause “amounts to an illegal contracting out of an employment standard if the drivers are found to be employees.”
Employment lawyer Lior Samfiru, founding partner of Samfiru Tumarkin LLP and one of the lawyers representing David Heller, joined Newstalk 580 CFRA in Ottawa to discuss the recent decision, and what it means for the class action lawsuit against Uber that argues that Uber drivers are actually employees and not independent contractors.
Read Samfiru Tumarkin's release about the Ontario Court of Appeal's decision <a href="http://stlawyers.ca/uber-arbitration-clause-illegal-unconscionable-ontario-court-appeal/">here</a>.
Read about the decision in <a href="https://www.thestar.com/business/technology/2019/01/03/canadian-court-slams-ubers-arbitration-process.html">The Toronto Star,</a> <a href="https://business.financialpost.com/transportation/uber-loses-court-battle-over-arbitration-clause-opening-door-to-driver-class-action">The Financial Post</a>, and on <a href="https://www.cbc.ca/news/canada/toronto/ontario-uber-appeal-1.4963792">CBC News</a>.
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Employment Issues?
Before you call a lawyer, use the <a href="https://stlawyers.ca/pocket-employment-lawyer/">Pocket Employment Lawyer</a> to calculate your potential severance package and find out if you might have a case.
Call 1-855-821-5900, email <a href="mailto:Help@EmploymentLawyer.ca">Help@EmploymentLawyer.ca</a> or fill out a <a href="https://stlawyers.ca/contact-us/">contact form</a> to get help from an <a href="https://stlawyers.ca/labour-employment-law-employees/">employment lawyer</a>.
Denied Long-Term Disability?
Discover your rights when your long-term disability claim is denied. <a href="https://stlawyers.ca/disability-law/">Find out more here</a> or use the <a href="https://stlawyers.ca/pocket-disability-lawyer/">Pocket Disability Lawyer</a> to find out how we can help.

Discover your workplace rights, and let Employment Lawyer Lior Samfiru fight for them.

A co-founding partner at Samfiru Tumarkin LLP, Lior has unmatched experience at various courts and tribunals in Canada, where he has defended countless clients in matters concerning severance pay, wrongful dismissal, constructive dismissal, human rights, sexual harassment, breach of contract, and much more. He also manages the firm's Toronto employment lawyers, Vancouver employment lawyers, Ottawa employment lawyers, and Calgary employment lawyers.

Lior frequently hosts the Employment Law Show, where he educates both employees and employers on their employment rights, according to Employment Standards in Ontario, British Columbia and Alberta, and common law throughout Canada. The show airs on the following radio and TV stations:
Global TV
CTV Toronto
CTV Ottawa
Global News Radio 640 Toronto
Global News Radio 980 CKNW in Vancouver
Newstalk 580 CFRA in Ottawa
Global News Radio 900 CHML in Hamilton
Global News Radio 980 CFPL in London

He also created the Severance Pay Calculator to allow employees in Ontario, British Columbia and Alberta determine how much severance pay they are owed when they are terminated from their job.

Experiencing a workplace issue? Not sure if you need legal assistance? BEFORE you call an employment lawyer, use the Pocket Employment Lawyer. Answer a few quick questions at PocketEmploymentLawyer.ca and you will learn what your legal options are and how to enforce your rights.

Discover your workplace rights, and let Employment Lawyer <a href="https://stlawyers.ca/team/lior-samfiru/">Lior Samfiru</a> fight for them.
A co-founding partner at Samfiru Tumarkin LLP, Lior has unmatched experience at various courts and tribunals in Canada, where he has defended countless clients in matters concerning <a href="https://stlawyers.ca/law-essentials/severance-pay/">severance pay</a>, <a href="https://stlawyers.ca/law-essentials/wrongful-dismissal/">wrongful dismissal</a>, <a href="https://stlawyers.ca/law-essentials/constructive-dismissal/">constructive dismissal</a>, <a href="https://stlawyers.ca/law-essentials/harassment-discrimination/">human rights</a>, sexual harassment, breach of contract, and much more. He also manages the firm's <a href="https://stlawyers.ca/toronto-employment-lawyers/">Toronto employment lawyers</a>, <a href="https://stlawyers.ca/vancouver-employment-lawyers/">Vancouver employment lawyers</a>, <a href="https://stlawyers.ca/ottawa-employment-lawyers/">Ottawa employment lawyers</a>, and <a href="https://stlawyers.ca/calgary-employment-lawyers/">Calgary employment lawyers</a>.
Lior frequently hosts the <a href="https://stlawyers.ca/employment-law-show/">Employment Law Show</a>, where he educates both employees and employers on their employment rights, according to Employment Standards in Ontario, British Columbia and Alberta, and common law throughout Canada. The show airs on the following radio and TV stations:
<ul>
<li>Global TV</li>
<li>CTV Toronto</li>
<li>CTV Ottawa</li>
<li>Global News Radio 640 Toronto</li>
<li>Global News Radio 980 CKNW in Vancouver</li>
<li>Newstalk 580 CFRA in Ottawa</li>
<li>Global News Radio 900 CHML in Hamilton</li>
<li>Global News Radio 980 CFPL in London</li>
</ul>
He also created the <a href="https://www.severancepaycalculator.com/">Severance Pay Calculator</a> to allow employees in Ontario, British Columbia and Alberta determine how much severance pay they are owed when they are terminated from their job.
Experiencing a workplace issue? Not sure if you need legal assistance? BEFORE you call an employment lawyer, use the <a href="https://stlawyers.ca/pocket-employment-lawyer/">Pocket Employment Lawyer</a>. Answer a few quick questions at PocketEmploymentLawyer.ca and you will learn what your legal options are and how to enforce your rights.

Lior Samfiru - Samfiru Tumarkin LLP

Advice you need. Compensation You Deserve.

Whether you are an employee facing a wrongful dismissal or an employer who needs the support of a knowledgeable advocate, have been denied or cut off a long-term disability claim, or have a conflict with an insurance company, the experienced legal team at Samfiru Tumarkin LLP provides practical and cost-effective solutions, backed up by years of proven results and countless testimonials. Our offices are located in Toronto, Ottawa, Vancouver and Calgary, where we serve residents in Ontario, British Columbia and Alberta. Samfiru Tumarkin LLP is the only employment law firm in Canada with a TV show and live weekday radio program dedicated to answering your questions about your workplace rights.

Advice you need. Compensation You Deserve.
Whether you are an employee facing a <a href="https://stlawyers.ca/law-essentials/wrongful-dismissal/">wrongful dismissal</a> or an employer who needs the support of a knowledgeable advocate, have been <a href="https://stlawyers.ca/law-essentials/long-term-disability-claims/">denied or cut off a long-term disability claim</a>, or have a conflict with an insurance company, the experienced legal team at Samfiru Tumarkin LLP provides practical and cost-effective solutions, backed up by years of proven results and countless testimonials. Our offices are located in <a href="https://stlawyers.ca/toronto-employment-lawyers/">Toronto</a>, <a href="https://stlawyers.ca/ottawa-employment-lawyers/">Ottawa</a>,&nbsp;<a href="https://stlawyers.ca/vancouver-employment-lawyers/">Vancouver</a> and <a href="https://stlawyers.ca/calgary-employment-lawyers/">Calgary</a>, where we serve residents in Ontario, British Columbia and Alberta. Samfiru Tumarkin LLP is the only employment law firm in Canada with a TV show and live weekday radio program dedicated to answering your questions about your workplace rights.

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