Uber arbitration clause unconscionable, a class action over a price fixing conspiracy, and a costs award for a protracted taxation

Uber arbitration clause unconscionable, a class action over a price fixing conspiracy, and a costs award for a protracted taxation

This week on Legally Speaking with Michael Mulligan: The Supreme Court of Canada has declared an arbitration clause, used by Uber, to be unconscionable, and therefore invalid. The clause, included in a 14-page agreement that prospective Uber drivers were required to click “I accept” on, twice, purported to require any disputes with Uber to be dealt with by arbitration, in the Netherlands, rather than going to court. While not specified in the 14-page agreement, it turned out that ...

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Aboriginal Title And The Future Of Private Land

Aboriginal Title And The Future Of Private Land

A court ruling can change more than a headline, it can change how safe you feel about the basics: owning property and trusting the people who handle your money. We walk through a remarkable British Co...

2 Juli 20min

When Governments Write The Rules To Sue

When Governments Write The Rules To Sue

A province suing over opioids is one thing. A province passing a statute that makes it easier for itself to sue, then launching a sweeping class action on that foundation, is something else entirely. ...

25 Juni 20min

What Counts As A Right When There’s Nowhere To Sleep

What Counts As A Right When There’s Nowhere To Sleep

A city changes a bylaw, two parks get added to a no-camping list, and suddenly the real question isn’t “is this fair?” but “who has the legal power to decide?” We walk through a fresh BC Supreme Court...

19 Juni 19min

Punitive Damages For Political Firing

Punitive Damages For Political Firing

A public servant gives three decades to the province, then gets fired without cause on the very day a government is about to fall. The BC Supreme Court doesn’t just disagree with how it was handled, i...

12 Juni 21min

When Poker Winnings Become Taxable

When Poker Winnings Become Taxable

A million-dollar poker run sounds like the ultimate loophole, until the CRA decides it looks like a job. We talk with criminal defence lawyer Michael Mulligan about a Supreme Court of Canada leave dec...

4 Juni 22min

Camp Thunderbird Gate Fight And A 15-Year Lawsuit Over A Supposed Public Road

Camp Thunderbird Gate Fight And A 15-Year Lawsuit Over A Supposed Public Road

A locked gate at a kids’ camp sounds like a small-town nuisance until you trace it back to 1935 and forward to a trial date in 2027. We dig into a Greater Victoria dispute where companies say a histor...

28 Maj 21min

The Supreme Court Of Canada Just Opened A New Door To Sue Your Ex

The Supreme Court Of Canada Just Opened A New Door To Sue Your Ex

A single Supreme Court of Canada decision can quietly change the ground rules for thousands of breakups, and this one just did. We unpack the Court’s creation of a new tort tied to intimate partner vi...

21 Maj 21min

If Nobody Agreed Then Why Pay Anything

If Nobody Agreed Then Why Pay Anything

One email reply can feel harmless until it turns into a $17,500 invoice. We start with a recruiter placement fee fight that asks a deceptively simple question: when do you actually have a contract? A ...

14 Maj 22min

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