Unconscionability: David V. Uber, The Goliath
David Heller began delivering food in Toronto using the UberEATS platform in December 2016. Several months after signing a service agreement with Uber Technologies Inc. (Uber), Heller drove for Uber approximately 40-50 hours every week, generating earnings that ranged from CA$400 to $600 per week, or approximately CA$20,800-$31,200 per year. Uber drivers could not enjoy the rights and protections granted to employees under Ontario's Employment Standards Act. If a dispute were to arise, Heller would have to pay approximately CA$19,000 to have his dispute with Uber resolved in the Netherlands. According to Uber, the dispute resolution process was to take place in the Netherlands even though Heller was living and working in Toronto. Was this fair? It could be argued that Heller had no bargaining power due to the financial and geographic constraints Uber had imposed. If Heller could convince Ontario's court that Uber's dispute regulation was unconscionable, this would change the nature of relationships between workers and companies in the Canadian gig economy. Naor Cohen is affiliated with University of Calgary. Carter Czaikowski is affiliated with University of Calgary.