In Davis v. Amazon Canada Fulfillment Services, 2025 ONCA 421, the Court of Appeal for Ontario ("ONCA") upheld a motion judge's decision to stay and dismiss a proposed class proceeding against...
In Davis v. Amazon Canada Fulfillment Services, 2025 ONCA 421, the Court of Appeal for Ontario ("ONCA") upheld a motion judge's decision to stay and dismiss a proposed class proceeding against Amazon Canada Fulfillment Services, ULC, Amazon.com, Inc., and Amazon.com.ca ("Amazon").
The claimants sought to bring the class proceeding on behalf of approximately 73,000 individuals who deliver goods for Amazon, alleging that Amazon was liable for breach of employment contracts, which included breach of the Employment Standards Act, 2000, breach of duties of good faith, unjust enrichment, and negligence. They sought $200 million in general damages; $50 million in aggravated, exemplary and punitive damages; and a declaration that any agreement excluding the putative class members from employment law statutes is void and unenforceable.1
The ONCA's decision provides helpful guidance to employers on both the enforceability of arbitration clauses and the common employer doctrine.
Background
The plaintiff class encompassed two groups of individuals who deliver goods for Amazon. The first group, delivery partners ("DPs"), are directly employed by Amazon. The second group, driver associates ("DAs"), are employed by third-party delivery-service partner companies ("DSPs") that have delivery...
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