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There were only two substantive civil decisions of the Court of Appeal this week. Most notably, in Heller v Uber Technologies Inc., the Court revived a proposed class action by Uber drivers against Uber alleging that they are employees who have been denied rights under the Employment Standards Act, rather than independent contractors. Justice Perrell had stayed the class proceeding on jurisdictional grounds in favour of Uber’s arbitration clause requiring all disputes to be arbitrated in the Netherlands under Dutch law, and only after payment of a large fee. The Court determined that the arbitration clause was invalid and unenforceable because it purported to contract out of the Employment Standards Act, even though it remains to be determined whether the Uber drivers actually are employees.  Continue Reading BLANEY’S APPEALS: ONTARIO COURT OF APPEAL SUMMARIES (JANUARY 1 – 4, 2019)