contractor agreement” (the “class” or “class members”). The
class members provide food delivery services and/or personal
transportation services using various Uber Apps. For convenience,
I will refer to them collectively as “drivers” below.
 In his proposed class action, the appellant seeks a declaration
that drivers in Ontario, who have used the Driver App to provide
food delivery and/or personal transportation services to customers,
are employees of Uber and governed by the provisions of the
Employment Standards Act, 2000, S.O. 2000, c. 41 (the “ESA”).
The claim seeks declarations that Uber has violated the provisions
of the ESA and that the arbitration provisions of the services
agreements entered into between the parties are void and unenforceable. The action also claims damages of $400 million.
 Uber App users (drivers and customers) download the Uber
Apps to their smartphones. Uber uses GPS to connect customers
seeking personal transportation using an app for riders (the
“Rider App”) with drivers using an app developed for drivers (the
“Driver App”). The Rider App allows riders to request rides at
their location, track the driver on the way to the location and
then rate the driver after the ride is completed.
 The UberEATS App allows customers seeking food delivery
to order food from restaurants and have it delivered by a nearby
driver. The app displays each restaurant’s menu, collects each
customer’s order and transmits the orders to the restaurants.
The restaurant updates the app as the food is prepared. Then the
app signals to a nearby driver that a delivery is available. Drivers
willing to deliver the order accept through the app, which provides his or her identifying information to the restaurant and the
customer. After delivering the food, the driver confirms the delivery
in the app, which collects the customer’s payment and remits
payment to the restaurant.
 Uber requires drivers to create an account online to access
the apps. After downloading the Driver App, Uber requires drivers
in Ontario (performing services by car) to provide copies of the
following documents: ( i) a valid driver’s licence; ( ii) a valid
vehicle registration; ( iii) proof of eligibility to work in Canada;
and ( iv) valid insurance. After reviewing and verifying the
drivers’ documentation and screening results, Uber activates
 The first time a driver logs into the Uber App, he or she
must accept a services agreement, which appears on the
smartphone screen. Drivers accept by clicking “YES, I AGREE”, and
confirming acceptance by again clicking “YES, I AGREE” after
reading the following: “PLEASE CONFIRM THAT YOU HAVE
REVIEWED ALL THE DOCUMENTS AND AGREE TO ALL THE NEW