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]
At The Washington Post, Antonia Noori Farzan reports on an alleged zoophile who demanded farmers let him at the horses while conducting a terrifying stalking campaign against those who refused. For well over a year, two mysteries consumed a peaceful New Jersey community. The 31-year-old was arrested Oct. 3, according to the New Jersey Herald. […]
Back in 2015, the Marvin Gaye estate secured a bizarre copyright judgment against Pharrell Williams and Robin Thicke over their hit song "Blurred Lines," in which the Gaye estate argued (successfully) that even though "Blurred Lines" didn't copy Gaye's songs, it copied the feeling of Gaye's music -- that is, that Thicke and Williams made […]
Not ashamed to admit I’m obsessed with this crime story.
There’s overwhelming support for clean energy, and the planet is giving us more reasons to invest in renewable power sources with every passing year. Even in the most inhospitable areas, wind and solar can provide a good chunk of our power, if not all of it. So why aren’t we all taking advantage of it? […]
Hey, we love Netflix and Hulu, but let’s face it: The whole setup doesn’t exactly encourage active viewing. For all the binge-watching we’ve done, it’s tough to expand our horizons or learn anything new – except for how many episodes of “The Office” it takes to make us fall asleep. It was only a matter […]
Still using elbow grease to clean the sinks, tubs and other grimy surfaces around your house? Save your elbows, and some time. If you’ve got a power drill, the RevoClean® 4-in-1 Drill Brush Cleaning Kit will instantly turn it into a professional scrubber that can tackle any stain on any surface. Attach the 4″ nylon […]