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Heller v Uber class action notice

March 29, 2024 / Canada

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As a User of the Uber App, A Class Action May Affect Your Legal Rights
As someone who has used the Uber App to transport passengers and/or to provide delivery services in Ontario at any time since January 1, 2012, you may be a class member in this class action. As a class member, you are automatically included in the lawsuit and do not have to do anything at this stage.
If you do not want to be part of this class action, you must opt out by May 28, 2024 using the procedure described at www.uberlawsuit.ca. If you choose to opt out, you will not benefit from any recovery or findings of liability if the class action is successful.
This class action notice is available online at www.uberlawsuit.ca in the following languages: French Arabic, Mandarin, Hindi, Cantonese, Punjabi, Tagalog, Urdu, Korean, Tamil, and Spanish. Below are frequently asked questions about the class action. 
What is a class action?
A class action is a lawsuit brought by a representative person on behalf of a specific group of people.
What is certification?
Certification is a procedural step where the Court decides whether litigation can proceed as a class action. Certification does not mean that the Court has decided the merits of the claims.
What is the status of the class action in the Heller case?
The case has been certified in Ontario, meaning the Court has said the case may proceed against Uber as a class action. The Court has made no decision about drivers and delivery people’s employment status. Uber is defending the case on the merits and maintains that drivers and delivery people are Uber’s customers, not its employees.
Who are David Heller and/or Felicia Garcia?
David Heller and Felicia Garcia are the representative plaintiffs for the Heller class action.
What are the allegations in the class action?
To learn more about the allegations made in the class action, you can review the notice posted at www.uberlawsuit.ca.
Am I a part of the class action?
The Court defined the class to include any person who, between January 1, 2012 and August 12, 2021, used an Uber App to transport passengers and/or to provide delivery services pursuant to a service agreement with Uber B.V., Rasier Operations B.V., and/or Portier B.V in Ontario
My friends received a notice, but I didn’t – why not?
Not all drivers and delivery people are eligible to participate in the class action.  For example, drivers and delivery people who only completed trips outside of Ontario cannot participate.
The Ontario court determined the group of people who are eligible to participate and ordered that the notice be sent to them. To learn more about the class action, including whether you are eligible to participate, you can review the notice posted at www.uberlawsuit.ca.
Why did I get this notice?
On August 12, 2021 the Ontario Superior Court gave permission for the case to go ahead as a class action. There has been no decision on the merit of the claims. Uber is defending the class action. The notice explains the status of the case, as well as your options to participate in the class action.
Do drivers and delivery people need to do anything to “sign up” for the class action?
The drivers and delivery people who are members of the class will receive notice. They do not need to “sign up” to participate in the action. Unless you “opt out” by following the process in the notice, you will be automatically included in the class.
The drivers and delivery people who comprise the class should keep copies of all relevant documents relating to their use of the Uber App or any other transportation or delivery apps.
Can drivers and delivery people decide not to participate in the class action?    
Any class member has the right to “opt out” of the action if they so choose. The opt out process will be part of the notice that drivers and delivery people will receive and can be accessed at www.uberlawsuit.ca. However, opting out does not stop the remaining class members from proceeding with the action.
How do I opt-out from participating?
As set out in the notice, to opt out of this class action, you must either:
Complete an “opt out” form on www.uberlawsuit.ca   
Send a written request to opt out by email to info@uberlawsuit.ca or
Send a written request to opt out to to Samfiru Tumarkin LLP, RE: Uber Driver Misclassification Class Action, 350 Bay Street, 10th Floor, Toronto, ON M5H 2S6, postmarked no later than: May 28, 2024.
The deadline to opt out is May 28, 2024.
Your written request to opt out must include: your name, address, email address, phone number, the date of your request, and a statement that you wish to opt-out of the Uber class action.
To learn more about the class action, including whether you are eligible to participate, you can review the notice posted at www.uberlawsuit.ca.
What would Uber like me to do? Should I opt out?
If you received the notice, you are among the group of people that the Ontario court gave the plaintiffs permission to represent. The notice explains your options. Uber takes no position on what you should do. Your decision about whether to opt out will not impact your use of any Uber app going forward or how the apps work. 
What will Uber do if I don’t opt out?
If you received the notice, you have a right to participate in the class action. Uber will know if you choose to participate in the class action or if you opt out, but this is only for legal reasons. There will be no impact whatsoever on your right to continue using the Uber Apps or how the Apps work. You will be treated the same no matter what you decide to do.
What will happen if Uber wins the class action?
If Uber is successful, the Court could determine that the relationship between the Class Members and Uber is one of a customer (purchaser of software) of Uber or an independent contractor.
How long will it take for the action to be resolved?
There is no set timeframe. Although each case is different, class actions can take years to resolve.
I accepted the August 26, 2020 arbitration clause, do I still need to opt-out?
If you accepted the August 26, 2020 terms of service and do not wish to participate in this class action, you may still opt out according to the opt-out procedures.
To learn more about the class action, including how to opt-out, you can review the notice posted at www.uberlawsuit.ca.
I accepted the August 26, 2020 arbitration clause, can I still participate in the class action?
If you accepted the August 26, 2020 terms of service, and you wish to participate in this class action, Uber may assert that you have waived your right to pursue claims for compensation from Uber in the class action.
What is Uber doing about the claims in the lawsuit? 
Uber takes the allegations seriously and has retained counsel to respond to them.
Uber’s response is set-out in its statement of defence which can be accessed at www.uberlawsuit.ca.
In summary, Uber’s primary response to the Plaintiffs’ claims is that drivers and delivery people are not employees of Uber. Instead, Uber takes the position that drivers and delivery people are customers of Uber who license and use the Uber Apps to earn money by providing transportation and delivery services to their customers.
Do I need to pay to participate in the class action? Will it cost me anything?
The Notice of Certification which is available online at www.uberlawsuit.ca outlines the financial consequences of participating in the action.
Can I [a driver or delivery person] call the lawyer who is acting for the plaintiffs in the class actions?
If you are a driver or delivery person who used an Uber app to transport passengers and/or to provide delivery services pursuant to a service agreement with Uber B.V., Rasier Operations B.V., and/or Portier B.V in Ontario between January 1, 2012 and August 12, 2021, you may seek advice from the plaintiffs’ counsel who, unless you opt-out, are now your lawyers.
Plaintiffs’ counsel is Wright Henry LLP and Samfiru Tumarkin LLP
They can be contacted by mail at:
Samfiru Tumarkin LLP
RE: Uber Driver Misclassification Class Action
350 Bay Street, 10th Floor
Toronto, ON M5H 2S6
They can be contacted by phone at: 1-855-821-5900
They can be contacted by email at: info@uberlawsuit.ca
Is the notice available in other languages?
Yes, the Notice of Certification is available online at www.uberlawsuit.ca in the following languages: French, Arabic, Mandarin, Hindi, Cantonese, Punjabi, Tagalog, Urdu, Korean, Tamil, and Spanish
[1] Canadian courts have accepted that the solicitor-client relationship begins as soon as the matter is certified and even before the opt-out period ends.