Chronique du CTI – Uber Technologies Inc. v Heller, a threat to the viability of standard form contracts of adhesion?

Tara Mandjee, lawyer      On June 26, 2020, the Supreme Court of Canada rendered adecision against Uber Technologies Inc. (Uber), finding that the arbitrationclause in its standard form contract with its drivers was unconscionableand invalid, as it imposed theNetherlands as the place of arbitration and required its drivers to payUS$14,500 in upfront fees, irrespective of the size of the dispute. Mr. David Heller(Heller), a driver for UberEats, started a class action seeking a declarationthat Uber drivers are employees of Uber and are therefore entitled to benefitsunder the Ontario Employment Standard ActTo become a driver, Mr. Heller was required to sign a long, standard contractthat it could not negotiate and which included a provision requiring that anylegal issue under such contract had to be submitted to the InternationalChambre of Commerce for resolution. Uber contested the legal proceeding on thebasis of that arbitration clause, claiming that the case had to be… Lire la suite

Chronique du CTI – Are you ready for the LGPD: Brazil’s version of GDPR?

Tara Mandjee, avocate     In the last few years, companieshave been forced to rethink their data gathering practices with new privacy regulationscoming into force, broadening the definition of what constitutes “personaldata” and extending their territorial reach beyond borders. It all started withthe coming into force of the General DataProtection Act (“GDPR”) in May 2018, which not only disrupted customer engagementstrategies but also stirred privacy overhauls in several jurisdictions. Signedin June 2018, the California Consumer Privacy Act (“CCPA”) was the first major USprivacy legislation adopted in the wake of the GDPR, with other states nowfollowing the course. In the last two months, Canada has also manifested itsintention to bring its privacy laws in line with GDPR with the introduction of Bill 64 – An Act tomodernize legislative provisions as regards the protection of personalinformation byQuebec’s government in June 2020 and the launch of a privacy consultation by the Ontario’s Ministry ofGovernment and Consumer Services… Lire la suite