David Heller reached an agreement with Raser Operations B.V. on June 7, 2016. and another deal with Uber Portier B.V. on December 15, 2016 and worked as a restaurateur with Uber apps and earned about $400 to $600 a week or $20,800 to $31,200 a year, before taxes and expenses, for a 40-50-hour week. Mr. Abella and Mr. Rowe then turned to the arguments about unacceptableness and felt that this doctrine was the most appropriate basis for dealing with the potential injustice created by a compromise clause in a standard form contract. While the prevailing theory of contract law was that courts had to impose freely negotiated negotiations between the parties, the just doctrine of scruples exempts unfair agreements resulting from unequal bargaining power. The court explained the underlying justifications for the doctrine as follows: on January 19, 2017, Heller launched a class action lawsuit against Uber on behalf of Uber drivers in Ontario, including a statement that Uber drivers will be denied ESA benefits and a $400 million complicity gesture for the class. But before the group action was upheld by the courts – a necessary step in the proceedings on the merits – Uber sought an order that allowed the hellers` group action to stand up in favour of arbitration proceedings in the Netherlands. In a january 30, 2018, 2018 ONSC 718 (CanLII) decision, reported in Lancaster`s Employment Standards Law, July 12, 2018, eAlert No. 116, Ontario Superior Court Judge Paul Perell granted Uber`s request and stayed the class proceedings. He noted that it was well established that courts were required to enforce arbitration agreements where there is no legislative language indicating contrary intent and esa does not restrict the ability of parties to resolve disputes through arbitration.
Mr. Perell also rejected Mr. Heller`s argument that the compromise clause was unacceptable, not least because most potential disputes between Uber and its drivers could be resolved through « readily available » mechanisms in Ontario, with only the most essential litigation in the Netherlands requiring arbitration. Under the Ontario International Commercial Arbitration Act (ICAA) and the Ontario Arbitration Act, 1991 (AA), where a case is to be tried under an arbitration agreement and a party initiates legal proceedings in this matter, the court must suspend the arbitration proceedings.