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]
Back in 2017, The Nation ran a superb, in-depth story on "heirs' property," a legalized form of property theft that allows primarily rich white developers to expropriate land owned by the descendants' of Black slaves.
Last month, Paul Hansmeier was sentenced to 14 years in prison and ordered to pay $1.5m in restitution for the copyright trolling his firm, Prenda Law, engaged in: the firm used a mix of entrapment, blackmail, identity theft, intimidation and fraud to extort millions from its victims by threatening to drag them into court for […]
Four years ago, there were 15 known black rhinos left in Tanzania -- "ground zero of the poaching crisis" -- and today there 167 of them; elephant populations (which dropped 60% between 2009-2014) are rebounding too, up to over 60,000 from a low of 43,330.
Whether you’re using them for next-level selfies or steady tracking shots, gimbals are a must for anyone who wants to maximize the potential of these powerful smartphone cameras we’re all carrying around. But those smartphones are also supposed to be portable, and let’s face it: Gimbals tend to offset that advantage. Weighing in at just […]
It’s too hot for yard sales, but hey: The internet is here for you. Here are the top ten deals on some of the Boing Boing Store’s best gear, just in time for summer. It’s everything from grills to security cameras to MacBook Pros, and they might be as low as they’re ever going to […]
When it comes to getting stats and ideas across quickly, there’s still nothing like a good slide presentation. But the critical word here is “good” – not 20 slides all thrown together with the same stock PowerPoint template. Whether it’s a crucial pitch for a new business or a quarterly report, Slideshop can be a […]