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The Court of Appeal allowed the appeal and stayed the employment dispute in favour of arbitration, holding the chambers judge erred on fresh consideration, public policy, and the brick wall analysis.
The court stayed a civil claim against DoorDash, finding the plaintiff had assented to the ICA by electronic clicks and that the arbitration clause covered the dispute.
The court stayed the action, finding an arguable case that the sales orders incorporated Quad-Lock’s arbitration clause and rejecting estoppel and limitation arguments.
The Federal Court granted a stay in favor of arbitration and dismissed certification in a proposed class action alleging Ooma’s “FREE” home phone advertising was misleading.
The appeal is dismissed because the motion judge correctly applied the competence-competence framework and its exceptions (legal/mixed questions suitable for superficial documentary review and the Uber 'brick wall' impediment of inaccessibility) and permissibly found the arbitration clause void as contrary to public policy and unconscionable given the clickwrap standard-form contract, unilateral amendment power, repeated relocation of forum and law to distant fora (including Hong Kong), and prohibitive arbitration costs that rendered the forum effectively inaccessible to typical class members…
Source excerpt
The court refused a stay of an employment bonus dispute, finding the arbitration clause unenforceable for lack of fresh consideration, public policy concerns, and cost-based unconscionability.
The court stayed a wrongful dismissal counterclaim and allowed arbitration to proceed under the employment contract, holding the arbitration clause was enforceable.
The court ordered that Amazon may bring its Arbitration Act stay application before certification in this class proceeding, without deciding the merits of the stay.
The Supreme Court held that business-customer claims in the TELUS class action had to be stayed under the Arbitration Act, while consumer claims could continue in court.
The Supreme Court of Canada held that s. 172 BPCPA claims could proceed in court despite an arbitration clause, while other claims stayed for arbitration.
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