Back in January, an Ontario court ruled that Uber's arbitration clause couldn't keep its drivers from suing it; Uber has appealed to the Supreme Court of Canada, which has taken up the case and will hear arguments about whether arbitration clauses (through which the parties surrender the right to sue in court) are enforceable in "adhesion contracts" (contracts that are not negotiated, where one party has much less power than the other, such as in click-through agreements).
The Supreme Court's ruling will have far-reaching implications, as mandatory arbitration is a common feature in adhesion contracts, and these contracts have become ubiquitous.
The hearing of this matter will provide the Supreme Court with an opportunity to determine the breadth of application of its holdings in Douez. Additionally, the Supreme Court may choose to revisit the competing, though arguably consistent, tests for unconscionability from Titus v. William F. Cooke Enterprises Inc. and Morrison v. Coast Finance Ltd. Hopefully, this decision will bring much-needed clarity to all parties seeking to contract on the basis of alternative dispute resolution mechanisms, such as arbitration clauses.
Supreme Court to hear arguments about enforceability of arbitration clauses [Allan Wells, Steven Dickie, Laura Fric, Lauren Tomasich and Alexis Beale/Osler]
Yesterday Bytedance, the company that acquired the tween-centric app Musica.ly and relaunched it as Tiktok, was been sued by a parents' group for violating the Children's Online Privacy Protection Act by gathering, storing, and selling private information about their children. Today, they settled the case on terms that have not been disclosed.
Two of documentary film groups are suing the administration of President Donald Trump for requiring foreigners to hand over their social media account IDs, even pseudonymous ones, to U.S. officials when applying for a visa.
For years, rogue archivist Carl Malamud (previously) has been scanning and posting proprietary elements of the law, such as standard annotations or building and safety codes developed by outside parties and then incorporated into legislation, on the theory that if you are expected to follow the law, you must be able to read, write and […]
When the SNES launched back in the early 1990s, it changed gaming forever. One of the innovations was a gamepad with four action buttons — something that has remained a constant on controllers ever since. The 8BitDo SN30 Bluetooth Gamepad brings that iconic design up to date, with Bluetooth connectivity and support for multiple platforms. […]
After a long day at work, cooking a meal from scratch can seem like too much trouble. Unfortunately, the alternative is usually something unhealthy. Enter the Mellow Sous Vide Precision Cooker. This compact water bath uses cutting-edge technology to cook meat and veggies at the perfect temperature for exactly the right amount of time. It […]
In the course of any day, we encounter many different audio environments. If you are wearing earbuds, the ambient noise level can affect your listening experience. The HUB wireless earbuds adapt to different surroundings using smart noise-cancellation technology. They can either block out distractions or enhance conversations. They are normally priced at $250, but you […]