In 2017, Heller commenced a class action in Ontario against Uber for alleged violations of the ESA. Uber brought a motion to stay the class action in Ontario arguing that the dispute had to proceed by arbitration in the Netherlands under the Arbitration Clause. Heller contended that the Arbitration Clause was invalid for two reasons. First, the Arbitration Clause was unconscionable – which is where a contract or term of a contract is invalid if it is significantly unfair or one-sided. Second, the Arbitration Clause contracted out of mandatory provisions of the ESA. The judge sided with Uber. Heller appealed the decision.