Welcome to the website for the Uber Class Action. This is an Ontario-based class action lawsuit alleging, among other things, that Uber has misclassified Ontario-based drivers and delivery people who provide transportation and delivery services through the Uber Apps as customers or independent contractors and therefore unlawfully deprived them of entitlements owed to them as employees under the Ontario Employment Standards Act.  Uber denies these allegations, which must still be proven in court.

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The Certification of the Uber Class Action

On August 12, 2021, an action known as Heller v Uber Technologies Inc, Court File No., CV-17-567946-00CP, was certified as a class proceeding by order of the Ontario Superior Court of Justice (“the Court”). The certification decision can be read here. According to the certification decision, the Class includes:

any person in Ontario who, between January 1, 2012 and August 12, 2021, used an Uber app to transport passengers and/or to provide delivery services pursuant to a Service Agreement with Uber B.V., Rasier Operations B.V., and/or Portier B.V. This includes the following services using the Uber App: Uber Eats, UberX, UberXL, Uber Comfort, Uber Black, Uber SELECT, Uber Black SUV, Uber Premier, Uber Premier SUV, Uber Taxi, Uber WAV, Uber Assist, Uber Pool, Uber Green, and Uber Connect.

So, if you used the Uber App to transport passengers and/or provide delivery services in Ontario at any point between January 1, 2012 and August 12, 2021, you are included as a Class Member.

The certification decision is what allows the case to proceed as a class action, which allows one or more representative plaintiffs to bring a lawsuit on behalf of a larger group of people with similar claims. These similar claims will be determined, at least in part, at a common issues trial. The certification decision also appointed David Heller and Felicia Garcia as representative plaintiffs for the Class.

The Certification Notice

To read the Court-approved Certification Notice, please click here.

The Certification Notice is also available in French, Arabic, Mandarin, Hindi, Cantonese, Punjabi, Tagalog, Urdu, Korean, Tamil, and Spanish.

What the Uber Class Action is About

The Representative Plaintiffs, Mr. Heller and Ms. Garcia, on behalf of themselves and the Class, are claiming damages from Uber for breach of the Ontario Employment Standards Act and breach of contract. Mr. Heller’s and Ms. Garcia’s primary claim is that Uber misclassified the drivers and delivery people who provide transportation and delivery services through the Uber Apps as independent contractors and therefore unlawfully deprived them of entitlements owed to them as employees under the Ontario Employment Standards Act.

The Class includes any person in Ontario who, between January 1, 2012 and August 12, 2021, used an Uber app to transport passengers and/or to provide delivery services pursuant to a Service Agreement with Uber B.V., Rasier Operations B.V., and/or Portier B.V. This includes the following services using the Uber App: Uber Eats, UberX, UberXL, Uber Comfort, Uber Black, Uber SELECT, Uber Black SUV, Uber Premier, Uber Premier SUV, Uber Taxi, Uber WAV, Uber Assist, Uber Pool, Uber Green, and Uber Connect.

At the Common Issues Trial, the Court could determine one (or a combination of) the following outcomes:

  1. the drivers and delivery people (or some of them) are customers of Uber, not employees;
  2. the drivers and delivery people (or some of them) are independent contractors, not employees;
  3. the drivers and delivery people (or some of them) are employees of Uber; or
  4. that for all drivers and delivery peoples, their employment status cannot be determined in common but will require individual trials.

The Court has not taken any position as to the truth or merits of the claims asserted by Mr. Heller and Ms. Garcia or of Uber’s defences to those claims. The allegations made by Mr. Heller and Ms. Garcia have not yet been proven in court.

What the Uber Class is Claiming

The Class is claiming damages in respect of Uber’s failure to pay the Class minimum wage, vacation pay, public holiday and premium pay, termination pay, and potentially overtime pay. The Class is also seeking damages in respect of their out-of-pocket expenses incurred while providing transportation and delivery services with the Uber Apps, any adverse tax liability incurred as a result of their misclassification, and unpaid Canada Pension Plan and Employment Insurance Act contributions. The Court has held that the amount of damages owing, if any, will depend on individual assessments, which could take place after the Common Issues Trial.

The Common Issues

The Court has certified the following common issues, which will be determined at a Common Issues Trial:

  1. Is the relationship between the Class Members and Uber on of: (a) customer (purchaser of software) of Uber; (b) independent contractor; or (c) employee and employer?
  2. Are the Class Members “employees” of the Defendants (or of any Defendant) pursuant to the Employment Standards Act, 2000 (“ESA”)?
  3. Are the Defendants (or some of the Defendants) a common employer of the Class Members for the purposes of the ESA?
  4. If the answer to (2) is “yes”, are the Class Members in “pensionable employment” of the Defendants (or of any Defendant) pursuant to the Canada Pension Plan (“CPP”)?
  5. If the answer to (2) is “yes”, are the Class Members in “insurable employment” of the Defendants (or of any Defendant) pursuant to the Employment Insurance Act (“EI”)?
  6. If the answer to (2) is “yes”, are the Class Members outside the scope of the “taxi cab driver” exemption to Parts VIII and X of the ESA because they are not “taxi cab drivers”?
  7. If the answer to (2) is “yes”, do the minimum requirements of the ESA with regard to minimum wage, vacation pay, and notice of termination or pay in lieu thereof form express or implied terms of the Defendants’ (or of any Defendant’s) contracts with the Class Members?
  8. If the answer to (6) is “yes”, do the minimum requirements of the ESA with regard to overtime pay, public holiday pay, and premium pay form express or implied terms of the Defendants’ (or of any Defendant’s) contracts with the Class Members?
  9. If the answers to question (2) is “yes”, do the Defendants (or does any Defendant) owe contractual duties and/or a duty of good faith to:
    1. ensure that the Class Members are properly classified as employees;
    2. ensure that Class Members’ hours of work are monitored and accurately recorded;
    3. ensure that the Class Members are paid the minimum wage;
    4. ensure that the Class Members are paid vacation pay;
    5. ensure that the Class Members whose services the Defendants terminated without just cause received notice of termination or pay in lieu thereof (“Termination Pay”); and
    6. ensure that the Class Members are reimbursed for out-of-pocket expenses paid for gas, insurance, maintenance, parking fines, and/or cell phone data in connection with the use of personal vehicles and/or mobile phones used to perform work for the Defendants (“Out-of-Pocket Expenses”)?
  10. If the answer to question (6) is “yes”, do the Defendants (or does any Defendant) owe contractual duties and/or a duty of good faith to:
    1. ensure that the Class Members are paid overtime pay for hours worked in excess of 44 hours per week; and
    2. ensure that the Class Members are paid public holiday pay and premium pay?
  11. Did the Defendants (or any Defendant) breach any of their contractual duties and/or duty of good faith? If so, how?
  12. If the answer to (2) is “yes”, did the Defendants (or any Defendant) fail to pay the Class Members minimum wage, vacation pay, and Termination Pay as required by the ESA?
  13. If the answer to (6) is “yes”, did the Defendants (or any Defendant) fail to pay the Class Members overtime pay, holiday pay, and premium pay as required by the ESA?
  14. If the answers to (4) and/or (5) are “yes”, did the Defendants (or any Defendant) fail to make the prescribed employer CPP and/or EI contributions on behalf of the Class Members?

Opting Out of the Class Action

If you do not wish to remain a Class Member, the deadline to opt out is May 28, 2024. In order to opt out, you must send a written request to opt out by completing this form, by sending an email to info@uberlawsuit.ca or by sending a letter to the following address:

Samfiru Tumarkin LLP
RE: Uber Driver Misclassification Class Action
350 Bay Street, 10th Floor
Toronto, ON M5H 2S6

Your written request to opt out must include: your name, address, email address, phone number, the date of your request, and a statement that you wish to opt-out of the Uber class action.

Frequently Asked Questions

Please click here for a list of Frequently Asked Questions.

Staying in Touch

If you wish to receive updates on the Uber Class Action, please fill out the form located here.

 

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