English is not my first language. Is information about the Uber Class Action available in other languages?
Yes, there is information about the Uber Class Action available in French, Arabic, Mandarin, Hindi, Cantonese, Punjabi, Tagalog, Urdu, Korean, Tamil, and Spanish.
What is a class action and how does it work?
A class action 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.
Broadly speaking, there are three stages in a class action: (1) Certification of the class action by the Court; (2) a common issues trial; and (3) and individual issues trial.
Stage 1
At Stage 1, the Court was asked to “certify” the claim as a class action. What this means is that David Heller and Felicia Garcia, the Representative Plaintiffs in the class action, asked the Court to allow them to represent the “Class”. It is up to the Court to “certify” that they can do that.
To certify a Claim as a class action, the Court must be satisfied that the Representative Plaintiffs can properly represent the Class’s interests, that the issues raised are ones that can be resolved for the entire Class in one case, and that there is no better procedure each individual could take to advance their claims. If the Court certifies the class action, the class action moves on to Stage 2. The Court has certified this class action.
Stage 2
At Stage 2, there is a trial of what are called the “common issues”. We are presently in the preparation phase of Stage 2, which involves exchanging documents and examining witnesses in a process called discovery. Then we will proceed to the common issues trial. Common issues are issues that are common to everyone in the Class. The Court will hear evidence on these issues and resolve them positively or negatively for the whole Class. The first question that the Court will be asked to determine is whether all or some of the Class members are employees, customers or independent contractors of Uber. The Court could answer this question once and for all for everyone in the Class and, if the answer is that they are employees, the Class may be entitled to compensation and other remedies. If we are successful with the common issues at Stage 2, the class action moves on to the final stage, Stage 3.
Stage 3
At Stage 3, a process is set up to resolve “individual issues”. This process could involve each Class Member providing some evidence of their own individual situation so that they can obtain compensation and/or another remedy specific to them. For example, one of the arguments raised by the class action is that members of the Class worked overtime and should have been paid for overtime hours worked. After Stages 1 and 2, the Court may order Uber to pay overtime generally. At Stage 3, the individual Class Members may then need to show how much overtime they worked so that a precise overtime amount can be ordered for them.
What is the Uber Class Action all about?
The Uber Class Action is about the relationship between Uber and the people who use the Uber Apps to provide transportation services and/or delivery services. The Class is arguing that these people are employees, not independent contractors or customers. So, 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 customers or independent contractors and therefore unlawfully deprived them of entitlements owed to them as employees under the Ontario Employment Standards Act.
Who is included as a Class Member?
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 pursuant to a Service Agreement with Uber B.V., Rasier Operations B.V. and/or Portier B.V. at any point between January 1, 2012 and August 12, 2021, you are included as a Class Member.
How do I join the Uber Class Action?
You do not have to sign up to be a Class Member. The Uber Class Action has been certified. If you meet the definition of a Class Member, then you are automatically a member of the Class and will be represented in the Common Issues Trial by David Heller and Felicia Garcia, the representative plaintiffs, and Class counsel.
Who can receive compensation under this class action?
If you meet the definition of a “Class Member”, then you may be entitled to compensation.
How much money will I get?
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.
Is Uber going to retaliate against me for participating in this Class Action?
Section 74 of the Ontario Employment Standards Act states that no employer may intimidate, dismiss or otherwise penalize an employee for pursuing their rights under the Act, for asking questions about their rights under the Act. The Uber Class Action asserts that Uber has violated the Employment Standards Act by misclassifying drivers and delivery people as independent contractors or customers when they are properly employees. So, if Uber retaliated against you for being part of the Class, this could be a violation of section 74 of the Employment Standards Act.
If you experience what you think is retaliation, please contact Class Counsel at info@uberlawsuit.ca
I drive for other platforms – does that mean I don’t qualify to be a Class Member in this class action?
No, using other platforms (such as Lyft or DoorDash) does not disqualify you from being a Class Member. If you meet the definition of a Class Member that the Court approved when it certified the Class Action, then you quality as a Class Member. However, the use of multiple platforms may be a relevant consideration in determining the common issues or in determining damages.
Where are we at in the process?
The Uber Class Action has been certified, which means that the Ontario Superior Court of Justice (the “Court”) examined a number of factors and determined that the action meets all the criteria to proceed as a class action. This means that the Court was satisfied that the Representative Plaintiffs can properly represent the Class’s interests, that the issues raised are ones that can be resolved for the entire Class in one case, and that there is no better procedure each individual could take to advance their claims. It also means that the judge found that a class action is the best way to get these questions answered.
We are now in the process of discovery, which means we are exchanging documents with Uber and will have the opportunity to question a witness from Uber on those documents (this is called examination for discovery). Uber will also have an opportunity to question Mr. Heller and Ms. Garcia. After discovery is complete, the parties may exchange expert reports. At some point in the future, the parties may meet to mediate, which is an attempt to settle the Class Action. If mediation fails, the parties will proceed to a common issues trial.
How long do class actions take?
Class actions can take some time. There are many factors that could make the process move more quickly or more slowly. These factors can include various motions or appeals of decisions, as well as delays in the judicial system with setting down dates for trials. It is therefore difficult to predict how long the process will take.
Will the Uber Class Action affect my taxes?
We cannot guarantee what the Canada Revenue Agency will do if the Uber Class Action is successful, but we can offer a few comments. First, it is important to stress that the Uber Class Action is not about tax status. The lawsuit was filed with the Court and concerns minimum employment standards. Second, the Class is seeking an order directing Uber to pay for any tax liability that results from its misclassification of drivers/delivery persons as employees. We don’t know yet whether we will be successful.
If I opted out, can I pursue legal action against Uber individually?
If you opted out by May 28, 2024, you will not be included in any awards or eligible for any compensation if the Class is successful. You may pursue legal action against Uber individually. For example, you may bring a complaint with the Ministry of Labour, Immigration, Training and Skills Development. Uber would be able to respond to your complaint and appeal it if you are successful. If you opt out, you will be personally responsible for any costs associated with pursuing a legal action separate from the Uber Class Action.
If I opted out, can lawyers at your firms represent me as an individual client?
Because the lawyers at Samfiru Tumarkin LLP and Wright Henry LLP represent the Class, we are unable to represent Uber drivers as individual clients.
Do I have to pay anything to be involved in the Uber Class Action?
No. Our firms have come to an agreement to work on this matter on what is called a “contingency” basis. Our firms will only ever be paid a fee if we are successful in recovering monies from Uber. In the event Uber is successful, they may claim “costs”, which is an amount to pay for their lawyers. You will not be responsible for those costs if that happens.
Do I have a lawyer in this case?
A team of lawyers are working together to represent the Class. Samfiru Tumarkin LLP is co-counsel in this case with Wright Henry LLP.
How will the lawyers be paid in the case?
Because our firms are working on a contingency basis, we will only be paid a fee if we are successful in recovering monies from Uber.
How do I stay updated on the case?
If you wish to receive updates on the Uber Class Action, please fill out the form located here. Class counsel will send updates periodically as the Class Action progresses.
What is the next step in the Uber Class Action?
We are presently in the process of discovery, which means that the parties are exchanging all documents relevant to the common issues. We will then proceed to “examinations for discovery” where the Class will have the opportunity to question a witness from Uber, and Uber will have the opportunity to question the Representative Plaintiffs.