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Uber Technologies Inc V Heller
''Uber Technologies Inc v Heller'', 2020 SCC 16, is a 2020 decision of the Supreme Court of Canada. The Court held 8–1 that an arbitration clause in a contract the plaintiff David Heller had signed with Uber was unconscionable, and hence unenforceable. As a result, it held that Heller's proposed class action lawsuit against Uber could go forward. Facts David Heller, an Uber Eats driver, claimed the right to be paid the minimum wage of CA$14 an hour, overtime and vacation pay under Ontario's Employment Standards Act along with other colleagues in a class action. To have these rights, Heller and others needed to be classified as "employees". Heller had a standard form contract with Uber, which stated that he was an independent contractor, and that any dispute needed to go to arbitration in the Netherlands, according to the rules of the International Chamber of Commerce. This would have cost around US$14,500. The claims of the class as a whole totalled approximately . Heller argued ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of Appeal For Ontario
The Court of Appeal for Ontario (frequently referred to as the Ontario Court of Appeal or ONCA) is the appellate court for the province of Ontario, Canada. The seat of the court is Osgoode Hall in downtown Toronto, also the seat of the Law Society of Ontario and the Divisional Court of the Ontario Superior Court of Justice. Description The Court is composed of 22 judicial seats, in addition to one or more justices who sit supernumerary. They hear over 1,500 appeals each year, on issues of private law, constitutional law, criminal law, administrative law and other matters. The Supreme Court of Canada hears appeals from less than 3% of the decisions of the Court of Appeal for Ontario, therefore in a practical sense, the Court of Appeal is the last avenue of appeal for most litigants in Ontario. Among the Court of Appeal's most notable decisions was the 2003 ruling in ''Halpern v Canada (AG)'' that found defining marriage as between one man and one woman to violate Section 15 of th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Uber
Uber Technologies, Inc. (Uber), based in San Francisco, provides mobility as a service, ride-hailing (allowing users to book a car and driver to transport them in a way similar to a taxi), food delivery (Uber Eats and Postmates), package delivery, couriers, and freight transportation. Via partnerships with other operators such as Thames Clippers (boats) and Lime (electric bicycles and motorized scooters), users are also able to book other modes of transport through the Uber platform in some locations. Uber sets fares, which vary using a dynamic pricing model based on local supply and demand at the time of the booking and are quoted to the customer in advance, and receives a commission from each booking. It had operations in approximately 72 countries and 10,500 cities as of December 31, 2021. Uber offers many different types of ride options. UberX is the most popular and the standard service of the company. UberXL, Uber Comfort, and Uber Black are other options offered ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Concurring Opinion
In law, a concurring opinion is in certain legal systems a written opinion by one or more judges of a court which agrees with the decision made by the majority of the court, but states different (or additional) reasons as the basis for their decision. When no absolute majority of the court can agree on the basis for deciding the case, the decision of the court may be contained in a number of concurring opinions, and the concurring opinion joined by the greatest number of judges is referred to as the plurality opinion. As a practical matter, concurring opinions are slightly less useful to lawyers than majority opinions. Having failed to receive a majority of the court's votes, concurring opinions are not binding precedent and cannot be cited as such. But concurring opinions can sometimes be cited as a form of persuasive precedent (assuming the point of law is one on which there is no binding precedent already in effect). The conflict in views between a majority opinion and a conc ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Void (law)
In law, void means of no legal effect. An action, document, or transaction which is void is of no legal effect whatsoever: an absolute nullity—the law treats it as if it had never existed or happened. The term void ''ab initio'', which means "to be treated as invalid from the outset", comes from adding the Latin phrase ''ab initio'' (from the beginning) as a qualifier. For example, in many jurisdictions where a person signs a contract under duress, that contract is treated as being void ''ab initio''. The frequent combination "null and void" is a legal doublet. The term is frequently used in contradistinction to the term "voidable" and "unenforceable". Definitions '' Black's Law Dictionary'' defines 'void' as: In the case of a contract, this means there is no legal obligation, therefore there can be no breach of contract since the contract is null, but there may be an implied contract which requires the recipient of goods or services provided to pay their reasonable value. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
CBC News
CBC News is a division of the Canadian Broadcasting Corporation responsible for the news gathering and production of news programs on the corporation's English-language operations, namely CBC Television, CBC Radio, CBC News Network, and CBC.ca. Founded in 1941, CBC News is the largest news broadcaster in Canada and has local, regional, and national broadcasts and stations. It frequently collaborates with its organizationally separate French-language counterpart, Radio-Canada Info. History The first CBC newscast was a bilingual radio report on November 2, 1936. The CBC News Service was inaugurated during World War II on January 1, 1941, when Dan McArthur, chief news editor, had Wells Ritchie prepare for the announcer Charles Jennings a national report at 8:00 pm. Readers who followed Jennings were Lorne Greene, Frank Herbert and Earl Cameron. ''CBC News Roundup'' (French counterpart: ''La revue de l'actualité'') started on August 16, 1943, at 7:45 pm, being replaced by ''T ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Dalhousie Law Journal
The ''Dalhousie Law Journal'' is a peer-reviewed academic journal of law published by the Schulich School of Law (formerly Dalhousie Law School) at Dalhousie University in Halifax, Nova Scotia, Canada. The journal was established in 1973 by Dean Ronald St. John Macdonald and covers contemporary legal issues. Indexing The journal is indexed and abstracted in the following bibliographic databases: *CanLII *HeinOnline *Index to Legal Periodicals *LexisNexis LexisNexis is a part of the RELX corporation that sells data analytics products and various databases that are accessed through online portals, including portals for computer-assisted legal research (CALR), newspaper search, and consumer informa ... External links * Canadian law journals Dalhousie University Publications established in 1973 English-language journals Biannual journals {{law-journal-stub ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Stay Of Proceedings
Stay may refer to: Places * Stay, Kentucky, an unincorporated community in the US Law * Stay of execution, a ruling to temporarily suspend the enforcement of a court judgment * Stay of proceedings, a ruling halting further legal process in a trial Structures and mechanics * Stay, in a cable-stayed bridge * Stay, bone (corsetry), one of the rigid parts of a corset ** Stays, or corset, a garment worn to mold and shape the torso; See History of corsets * Stays (nautical), heavy ropes, wires, or rods that connect the masts of a sailing vessel to the hull * Boiler stay, an internal structural element of a boiler * Chain stay and seat stay, parts of a bicycle frame * Collar stay, a small rigid piece used to maintain the point of a shirt collar * Guy-wire, or stay, a metal cable used to support a tall structure, such as a radio mast * Stay cable, used to hold up a weight Arts, entertainment, and media Films * ''Stay'' (2005 film), a 2005 psychological thriller directed by Marc Fo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Politico
''Politico'' (stylized in all caps), known originally as ''The Politico'', is an American, German-owned political journalism newspaper company based in Arlington County, Virginia, that covers politics and policy in the United States and internationally. It primarily distributes content online but also with printed newspapers, radio, and podcasts. Its coverage in Washington, D.C., includes the U.S. Congress, lobbying, the media, and the presidency. Axel Springer SE, a German publisher, announced in August 2021 that it had agreed to buy Politico from founder Robert Allbritton for over $1 billion. The closing took place in late October 2021. The new owners said they would add staff, and at some point, put the publication's news content behind a paywall. Axel Springer is Europe's largest newspaper publisher and had previously acquired ''Insider''. History Origins, style, and growth ''Politico'' was founded in 2007 to focus on politics with fast-paced Internet reporting in gr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Canadian Bar Association
The Canadian Bar Association (CBA), or Association du barreau canadien (ABC) in Canadian French, French, represents over 37,000 lawyers, judges, notaries, law teachers and law students from across Canada. History The Association's first Annual Meeting was held in Montreal in 1896. However, the CBA has been in continuous existence in its present form since 1914. The Association was incorporated in 1921. Objectives The CBA is a voluntary association, voluntary bar association for members of the legal profession; it is the voice of its members and its primary purpose is to serve its members; it is the premier provider of personal and professional development and support to members of the legal profession; it promotes fair justice systems, facilitates effective law reform, promotes equality in the legal profession and is devoted to the elimination of discrimination; the CBA is a leading edge organization committed to enhancing the professional and commercial interests of a divers ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
International Chamber Of Commerce
The International Chamber of Commerce (ICC; French: ''Chambre de commerce internationale'') is the largest, most representative business organization in the world. Its over 45 million members in over 100 countries have interests spanning every sector of private enterprise. ICC's current chairman is Ajaypal Singh Banga and John W.H. Denton AO is the current Secretary General. ICC has three main activities: rule setting, dispute resolution, and policy advocacy. Because its member companies and associations are themselves engaged in international business, ICC has unrivalled authority in making rules that govern the conduct of business across borders. Although these rules are voluntary, they are observed in thousands of transactions every day and have become part of international trade. A world network of national committees in over 100 countries advocates business priorities at national and regional level. More than 3,000 experts drawn from ICC's member companies feed their know ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Netherlands
) , anthem = ( en, "William of Nassau") , image_map = , map_caption = , subdivision_type = Sovereign state , subdivision_name = Kingdom of the Netherlands , established_title = Before independence , established_date = Spanish Netherlands , established_title2 = Act of Abjuration , established_date2 = 26 July 1581 , established_title3 = Peace of Münster , established_date3 = 30 January 1648 , established_title4 = Kingdom established , established_date4 = 16 March 1815 , established_title5 = Liberation Day (Netherlands), Liberation Day , established_date5 = 5 May 1945 , established_title6 = Charter for the Kingdom of the Netherlands, Kingdom Charter , established_date6 = 15 December 1954 , established_title7 = Dissolution of the Netherlands Antilles, Caribbean reorganisation , established_date7 = 10 October 2010 , official_languages = Dutch language, Dutch , languages_type = Regional languages , languages_sub = yes , languages = , languages2_type = Reco ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Standard Form Contract
A standard form contract (sometimes referred to as a ''contract of adhesion,'' a ''leonine contract'', a ''take-it-or-leave-it contract'', or a '' boilerplate contract'') is a contract between two parties, where the terms and conditions of the contract are set by one of the parties, and the other party has little or no ability to negotiate more favorable terms and is thus placed in a "take it or leave it" position. While these types of contracts are not illegal ''per se'', there exists a potential for unconscionability. In addition, in the event of an ambiguity, such ambiguity will be resolved ''contra proferentem'', i.e. against the party drafting the contract language. Theoretical issues There is much debate on a theoretical level whether, and to what extent, courts should enforce standard form contracts. On one hand, they undeniably fulfill an important role of promoting economic efficiency. Standard form contracting reduces transaction costs substantially by avoiding the nee ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
