The Gig Economy’s Broken Promise: How Uber and DoorDash Keep Canadian Workers as ‘Partners’ Without Rights

In 2020, Canada’s highest court ruled that Uber’s mandatory arbitration clause was invalid, paving the way for a class-action lawsuit that could reclassify drivers as employees—yet six years later, the vast majority of the country's 8.7 million gig workers still have no employment rights, and only two provinces have passed protective laws.

The Heller Promise: A Legal Earthquake That Never Came

On June 26, 2020, the Supreme Court of Canada issued a ruling that labour advocates hailed as a watershed moment for gig workers. In Uber Technologies Inc. v. Heller, the court struck down Uber’s mandatory arbitration clause, which had required drivers to resolve disputes in the Netherlands, effectively blocking them from suing in Canada. The unanimous decision, written by Justice Rosalie Abella, found the clause unconscionable because it “effectively allows Uber to contract out of the protections of Ontario’s Employment Standards Act.”

The case began with David Heller, a Toronto Uber driver who claimed he should be classified as an employee entitled to minimum wage, overtime, and other protections. The Ontario Court of Appeal had already ruled in his favour in January 2019, allowing the class action to proceed. After the Supreme Court’s decision, the case returned to the Ontario Superior Court, which certified the class action in August 2021. “This is a huge step forward for gig workers,” said Michael Wright, a lawyer for the plaintiffs, as CBC News reported. The certification allowed the case to move toward a trial on the central question: are Uber drivers employees or independent contractors? Yet as of 2026, the class action remains unresolved. The Canadian Lawyer noted in August 2024 that the case had been certified but was still in its early stages. “The wheels of justice turn slowly,” said labour lawyer Andrew Langille, who is not involved in the case. “Meanwhile, millions of workers are left in limbo.” That limbo is the central paradox of Canada’s gig economy. The Supreme Court opened a door, but legislatures have been slow to walk through it.

A Nation Divided: Only Two Provinces Act

According to a Fasken report, the share of Canadian workers in the gig economy nearly doubled from 5.5% in 2005 to 10% in 2020. By 2023, an estimated 8.7 million Canadian adults—28% of the adult population—had participated in the gig economy, including platforms like Uber, DoorDash, and SkipTheDishes.

Despite these numbers, only two provinces have enacted specific protections for gig workers. British Columbia passed the Employment Standards Amendment Act (Gig Workers) in 2023, which came into force in 2024. Ontario followed with the Digital Platform Workers’ Rights Act in 2025. As Lexology summarized, both laws provide minimum wage guarantees, transparency in pay, and basic protections—but they do not reclassify workers as employees. “These are baby steps,” said Veena Verma, a policy analyst at the Canadian Labour Congress. The laws cover only workers on platforms like ride-hailing and food delivery, leaving out many other types of gig work. And in most provinces, gig workers remain classified as independent contractors—or, as Uber puts it, “partners.” They have no right to minimum wage, overtime, paid sick leave, or workers’ compensation. A 2024 Fasken report highlighted the stark contrast: “The federal government and some provinces have taken steps to address the issue, but the patchwork of laws leaves the majority of gig workers without meaningful employment protections.”

The Lobbying Machine: Uber and DoorDash Fight Back

As provincial governments consider new laws, Uber and DoorDash have mounted aggressive lobbying campaigns to stall them. A Tyee investigation published in June 2026 documented how the companies hired lobbyists, ran advertising campaigns, and met with government officials to argue that their business models depend on independent contractor status. “DoorDash and Uber are pushing back hard against any law that would require them to treat workers as employees,” the Tyee reported. One leaked memo from DoorDash warned that “mandatory employee classification would decimate our ability to offer flexible earnings opportunities.” The Waterloo Region Record reported that between 2020 and 2026, Uber and DoorDash spent more than $5 million on lobbying in Canada. “They are trying to pre-empt any attempt to extend protections to gig workers,” said Jennifer Quaid, a law professor at the University of Ottawa. “Their argument is that workers want flexibility, but that misses the point—flexibility should not come at the cost of basic rights.”

Uber Canada spokesperson Sarah Abboud told the Record in a statement: “We support regulations that provide new benefits while preserving the flexibility that drivers and couriers tell us they value. Forcing a one-size-fits-all employment model is the wrong approach.”

Federal Moves, Limited Reach

In June 2024, the federal government announced that it would extend employment rights to federally regulated gig workers. A CNW press release stated that workers in sectors under federal jurisdiction—such as telecommunications, banking, and interprovincial transportation—would now be entitled to the Canada Labour Code’s protections, including minimum wage, overtime, and termination pay. “This is an important first step,” said Labour Minister Seamus O’Regan in the release. “No one should have to choose between putting food on the table and having basic protections at work.” But the federal move covers only a fraction of gig workers. Most gig workers are in provincially regulated industries like food delivery and ride-hailing. A consultation report from Employment and Social Development Canada found that “many gig workers reported feeling invisible to the labour code.” The report noted widespread calls for a national framework, but no such framework has emerged.

Class Actions and Worker Stories

While legislatures debate, the legal system grinds on. The Ontario class action against Uber remains the marquee case. In August 2021, Justice Paul Perell certified a class of “all persons who have driven for Uber in Ontario (excluding Quebec) since 2012.” The case seeks damages for unpaid wages and benefits. In Alberta, a similar case, Virani v Uber Portier Canada Inc., was certified by the Court of King’s Bench in April 2023. The court rejected Uber’s argument that the dispute should be arbitrated in the Netherlands, citing the Supreme Court’s Heller decision. “These cases show that the courts are willing to take on big gig companies,” said David Doorey, a professor of labour law at York University. “But the reality is that most workers can’t wait years for a trial. They need protections now.” Workers themselves tell a story of precariousness. In a 2024 article in Canadian Lawyer, a driver named Ravi Patel described earning less than minimum wage after expenses. “We are treated as disposable,” he said. “If we complain, Uber can deactivate us with no explanation.” Patel’s experience echoes that of millions.

The Kicker: A Question of Justice

Six years after the Supreme Court’s landmark ruling, Canada’s gig workers remain in a regulatory grey zone. The promise of Heller—that gig workers could challenge their classification and win employment protections—has not been fulfilled. Only two provinces have acted, and their laws are limited. Lobbying by Uber and DoorDash has been effective in stalling broader change. The federal government’s move applies to few. Class actions are moving slowly. The 8.7 million Canadians who work in the gig economy—28% of the adult population—are left to navigate a system that offers them little. The Supreme Court opened a door, but it is up to politicians to walk through it. The question lingers: how many more years will pass before the workers who power the gig economy get the rights they were promised?

Kicker: As one driver put it, “The court said we have a right to be heard. But who is listening?”