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Contracts

Atlantic Lottery Corporation Inc v Babstock: SCC Rejects Waiver of Tort in Class Actions

Canadian courts have struggled with whether a "waiver of tort" stands as an independent cause of action for certification under the Class Actions Act, SNL 2001, c C-18.1 [CAA] and other provinces' equivalent acts. A waiver of tort allows the plaintiff to forego damages and seek disgorgement of the defendant's profits from wrongful conduct. Therefore, […]

No “Rule of Uber”: Arbitration Clause Found Unconscionable in Uber Technologies v Heller

This summer, the Supreme Court of Canada ruled that Uber drivers can pursue their claim that they are employees in an Ontario court. In Uber Technologies Inc v Heller, 2020 SCC 16, a majority of judges held that a mandatory arbitration clause in Uber's driver contracts was unconscionable and thus invalid. The drivers’ proposed $400 […]

Modern Cleaning Concept v Comité Paritaire: Franchisee, Employee or Both?

Can franchisees be legally considered employees of a franchisor? Prior to Modern Cleaning Concept v Comité Paritaire, 2019 SCC 28 [Modern Cleaning], we may have thought this possibility would be precluded by the business-to-business quality inherent to a franchise. However, in Modern Cleaning, the Supreme Court of Canada (“Court” or “SCC”) interprets Québec legislation to […]

A Valid Arbitration Agreement is a Valid Arbitration Agreement

Consumers sign contracts to gain access to all kinds of goods and services, such as credit cards, cell-phone service, and internet. Increasingly, sellers and suppliers are putting arbitration clauses into these contracts, requiring buyers to resolve their disputes through arbitration. This is not necessarily because sellers are enamoured with the virtues of arbitration. Instead, they […]

Contractual Interpretation and Indemnity for Environmental Damage in Grassy Narrows

On 28 March 2019, the Supreme Court of Canada (“SCC”) will hear Resolute FP Canada Inc, et al v Ontario (Attorney General), 37985, an appeal of a lengthy 270-paragraph decision from the Court of Appeal of Ontario (“ONCA”) of Weyerhaeuser Company Limited v Ontario (Attorney General), 2017 ONCA 1007 [Weyerhaeuser]. At first glance, Weyerhaeuser appears […]

The Saga of Uber's Arbitration Clause Continues: Heller v Uber Technologies

The phrase “call an Uber” has become a ubiquitous part of modern parlance, just as the service itself has become a common feature of how people get from point A to point B. The ride-sharing service is now available in hundreds of cities around the world, and has transformed the personal transportation industry. But the […]