Uber class-action certified by Ontario court, fight for employee rights continues

Toronto, August 12, 2021 – The Ontario Superior Court of Justice has certified Samfiru Tumarkin LLP’s landmark $400-million class-action lawsuit against Uber, filed on behalf of Uber drivers who have been misclassified as independent contractors by the ridesharing giant.

“This is a great day for Uber drivers who have long believed that they should have the same rights as employees,” said employment lawyer Lior Samfiru, partner at Samfiru Tumarkin LLP, who commenced the class action in 2017 on behalf of UberEats driver David Heller.

In certifying the class action, the Court found that there is at least some basis in fact that the drivers may have been misclassified, and that misclassification is a systemic, common issue for individuals working for the ride share company. Certification is another step towards securing minimum employment rights and protections for Uber drivers across Ontario and eventually across Canada.

The court’s decision follows a momentous ruling from the Supreme Court of Canada last July that found that Heller v. Uber Technologies Inc. must be heard in the province, as opposed to 6,000 km away in the Netherlands as proposed by Uber.

“The Supreme Court’s message was very clear: if you wish to operate in this country, you have to be prepared to abide by the laws of Canada and adhere to the jurisdiction of its courts,” said Samfiru.

The lawsuit alleges that the drivers are employees at law, and that they were misclassified as independent contractors by Uber, and are therefore owed various entitlements under Ontario and Canadian employment laws.

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