CIPPIC Files Factum in Uber v. Heller
CIPPIC has filed its intervener factum in the Supreme Court in Uber v. Heller, SCC No, 38534, an important case addressing when courts should refuse to enforce contractual restrictions on fair access to justice. CIPPIC’s argument focuses on the applicability of the equitable doctrine of unconscionability to standard form contracts that include contractual restrictions that deny access to justice. CIPPIC proposes a two-step test to aid courts in determining whether such contractual restrictions would result in the unconscionable denial of access to justice.
Professor Marina Pavlović and Cynthia Khoo (LLM Candidate and CIPPIC researcher) are acting for CIPPIC in this intervention. Newly minted lawyer and former CIPPIC Articling Student Johann Kwan also signed on CIPPIC's behalf.
The case is scheduled to be heard November 6, 2019.