1 Nov 2023
Lewis v. Uber Canada Inc. et al.
- Date of the case: From March 19, 2019, to the present.
- Parties involved: The plaintiff brings the proposed class action against Uber.
- Financial award/costs mentioned: The plaintiff seeks aggregate damages of $2,000,000 and further punitive, aggravated, and exemplary damages of $2,000,000. However, these damages are not granted, as the case ultimately fails.
**Issues:**
- The court must determine whether to certify the plaintiff's action as a class proceeding.
- Key issues include whether the claim is barred by the ETA, whether there are common issues, and whether a class proceeding is the preferable procedure.
**Section 5(1)(a) - Disclosure of Cause of Action:**
- Plaintiff's claim is found to be barred by sections 224.1 and 312 of the ETA.
- The claim fails scrutiny under section 5(1)(a) of the CPA.
**Other Reasons not to Certify the Claim:**
- Various flaws in the pleadings, especially related to provincial consumer protection legislation and Competition Act claims.
- Problems with the proposed class definition.
- Common issues break down into individual issues.
- Class action not the preferable procedure, and the administrative process provides a better method for resolving claims.
**Expert Evidence:**
- Expert evidence deemed inadmissible as it pertains to the interpretation of domestic law, which is within the competence of the court.
**Costs:**
- The parties are asked to negotiate costs, and if unable to agree, they must make costs submissions.
Please note that the case ultimately fails, and the plaintiff's claims are not granted certification.