Have you used an Uber App to provide rides or delivery services in Alberta? A Class Action May Affect Your Legal Rights

If you used the Uber App to transport passengers and/or provide delivery services pursuant to a Service Agreement with Uber in Alberta before April 25, 2023, 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 October 1, 2024, using the procedure described at https://www.UberClassActionAlberta.ca. If you choose to opt-out, you will not benefit from any recovery or court findings of liability if the class action is successful.

The class action notice is available online at https://www.UberClassActionAlberta.ca

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 Virani case?

The case has been certified in Alberta, 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 is Shaneef Virani?

Shaneef Virani is the representative plaintiff for the Virani 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 https://www.UberClassActionAlberta.ca

Am I a part of the class action?

The Court defined the class to include any person who used the Uber App to transport passengers and/or provide delivery services pursuant to a Service Agreement with Uber in Alberta before April 25, 2023.

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 Alberta cannot participate.

The Alberta 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 https://www.UberClassActionAlberta.ca

Why did I get this notice?

On April 25, 2023, the Alberta Court of King’s Bench 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 https://www.UberClassActionAlberta.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 complete and return an “opt out” form. You can access the opt out form on https://www.UberClassActionAlberta.ca or by contacting the lawyers for the plaintiff at the below telephone number or email address:

The deadline to opt out is October 1, 2024.

To learn more about the class action, including whether you are eligible to participate, you can review the notice posted at https://www.UberClassActionAlberta.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 Alberta 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 https://www.UberClassActionAlberta.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.

In summary, Uber’s primary response to the Plaintiff’s 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 https://www.UberClassActionAlberta.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 used the Uber App to transport passengers and/or provide delivery services pursuant to a Service Agreement with Uber in Alberta before April 25, 2023, you may seek advice from the plaintiffs’ counsel who, unless you opt-out, are now your lawyers.

Plaintiffs’ counsel is Duboff Edwards Schachter LC and McKenzie Lake Lawyers LLP. They can be contacted at: