Arbitration

Unreasonable Search and Seizure in the Workplace: SCC Grants Leave in YRDSB v ETFO

In Elementary Teachers Federation of Ontario v York Region District School Board, 2022 ONCA 476 [Elementary Teachers], the Ontario Court of Appeal (“ONCA”) explored whether employees had a right to be protected against unreasonable search and seizure in the workplace under section 8 of the Canadian Charter of Rights and Freedoms [Charter]. Determining that employees have section 8 Charter rights, the ONCA also ruled on the scope of employees’ reasonable expectation of privacy, setting out important developments on this issue in the process. On March 16, 2023, the Supreme Court of Canada (“SCC”) granted the application for leave to appeal in this case.

Arbitration and Court-Ordered Receiverships: The SCC Strikes a Delicate Balance in Peace River

For the sake of conciseness, this case comment excludes discussion of Justice Jamal’s concurring opinion. If interested, please refer to the original case for further information. Arbitration law and bankruptcy and insolvency law are often said to be at odds with one another. The former rests upon principles of party autonomy and freedom of contract, […]

Northern Regional Health Authority v Horrocks: Exclusive vs. Concurrent Jurisdiction for Labour Arbitrators

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 […]

Heller v Uber Technologies Inc: Arbitration Clause Stops a $400 million Class Action in its Tracks

Around the world, there is fierce debate about whether Uber drivers should be characterized as customers, independent contractors, or employees.  In January 2018, the ONSC released its ruling in the closely watched case Heller v Uber Technologies Inc, 2018 ONSC 718 [Heller]. At issue was whether or not the Plaintiff, David Heller, could commence a […]

BC Teachers' Federation: A Finding of Discrimination Against Birth Mothers Affirmed by the SCC

On November 14, 2014, the Supreme Court of Canada rendered its oral judgment in British Columbia Teachers' Federation v British Columbia Public School Employers' Association, 2014 SCC 70 [BC Teachers], overturning the British Columbia ("BC") Court of Appeal and affirming an arbitrator's finding of discrimination against birth mothers. The case hinged on the determination of whether parental leave […]

Supreme Court of Canada Defers to Adjudicators: Sattva Capital Corp v Creston Moly Corp

On August 1, 2014, Canada’s highest court released its reasons in Sattva Capital Corp v Creston Moly Corp, 2014 SCC 53, marking an end to a series of long and protracted proceedings intended to be confined to arbitration. The highlight of the decision was the Supreme Court of Canada’s (“SCC”) limitation on the circumstances when […]