CONTRACT LAW – UNCONSCIONABILITY DOCTRINE – SUPREME COURT OF CANADA TARGETS STANDARD FORM CONTRACTS – Uber Technologies Inc v Heller, 2020 SCC 16, 447 DLR 4th 179 (Can). When does an agreement ‘drive [..] too hard a bargain for a court of conscience to assist’? Recently, in Uber Technologies Inc v Heller, the Supreme Court of Canada confronted this question in the context of Uber’s attempts to quash court proceedings brought by one of its drivers and compel arbitration in accordance with the contract he had signed. The Court rejected Uber’s efforts after finding the arbitration clause unconscionable and, therefore, unenforceable – a predictable result in light of the steep upfront costs arbitration would have imposed on the driver … (more)
‘Uber Technologies Inc v Heller’ 134 Harvard Law Review 2598 (May 10, 2021).
First posted 2021-05-11 08:00:15
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