Tag: Uber v Heller

The Uber Decisions: Justice Come Heller High Water? Litigating Unconscionability

Bryan C. Duguid QC, FCIArb
David Marshall

July 14, 2020

The SCC decision in Uber v Heller raises questions about how unconscionability will be litigated and what evidence may be needed and admissible in such litigation.

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The Uber Decision: Justice Come Heller High Water? Improvident Bargain

Bryan C. Duguid QC, FCIArb
David Marshall

July 8, 2020

In Part 2 of our analysis on the recent decision of Uber v Heller, we discuss how the wide application of improvidence could lead to commercial uncertainty.

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The Uber Decision: Justice Come Heller High Water? Unequal Bargaining Power

Bryan C. Duguid QC, FCIArb
David Marshall

July 2, 2020

In the recent decision by the SCC in Uber v Heller, the majority confirms that the doctrine of unconscionability applies to all contracts. This undermines commercial certainty, as little guidance is provided for its application.

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