February 10, 2021 International Litigation & Dispute Resolution

The Application of Uber v. Heller

Ontario Superior Court of Justice weighs in on the unconscionability doctrine with regards to standard form arbitration clause

By Jocelyn Turnbull Wallace and Andrew Kalamut

In the recent decision of Gupta v. Cedar Homes Ltd., 2020 ONSC 6333 (Gupta), the Ontario Superior Court of Justice applied the principles articulated by the Supreme Court of Canada in its decision in Uber Technologies Inc. v. Heller, 2020 SCC 16 (Uber) to determine whether an arbitration agreement in a standard form contract was unconscionable. Unlike in Uber, the court in Gupta determined that the arbitration agreement was not void for unconscionability. 

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