Pokornik v SkipTheDishes Restaurant Services Inc,
| Jurisdiction | Manitoba |
| Court | Court of Appeal (Manitoba) |
| Judge | Steel; Cameron; leMaistre |
| Judgment Date | 12 January 2024 |
| Citation | 2024 MBCA 3 |
| Docket Number | AI22-30-09856 |
| Date | 12 January 2024 |
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11 practice notes
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Zanin v. Ooma, Inc.
...2024, they sent to the Court a judgment issued by the Manitoba Court of Appeal [MBCA] in Pokornik v SkipTheDishes Restaurant Services Inc, 2024 MBCA 3 [31] Most of these additional authorities submitted by the parties post-hearing dealt with motions to stay proposed class proceedings due to......
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BizTech v. Accreditation Canada
...of the discretion remains an open question given the nature of some of the exceptions: Pokornik v. SkipTheDishes Restaurant Services Inc., 2024 MBCA 3, at para. 27; Uber, 2019 ONCA 1, at para. 26; TELUS Communications Inc. v. Wellman, 2019 SCC 19, [2019] 2 S.C.R. 144, at para. 73. Regardles......
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TSA Corporation et al v. KPMG LLP
...Partners Inc, 2024 BCCA 133 at paras 30 & 50 (scope of arbitration agreement); Pokornik v SkipTheDishes Restaurant Services Inc, 2024 MBCA 3 at paras 25–33 (existence of an arbitration agreement); Husky Food Importers & Distributors Ltd v JH Whittaker & Sons Limited, 2023 ONCA 2......
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Lin v. Uber Canada Inc.
...They are Lochan v Binance Holdings Limited, 2023 ONSC 6714 [Lochan ONSC] and Pokornik v SkipTheDishes Restaurant Services Inc, 2024 MBCA 3 [Pokornik [154] In Lochan ONSC, the court dismissed a motion to stay a proposed class proceeding due to an arbitration provision in a standard-form adhe......
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9 cases
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Zanin v. Ooma, Inc.
...2024, they sent to the Court a judgment issued by the Manitoba Court of Appeal [MBCA] in Pokornik v SkipTheDishes Restaurant Services Inc, 2024 MBCA 3 [31] Most of these additional authorities submitted by the parties post-hearing dealt with motions to stay proposed class proceedings due to......
-
BizTech v. Accreditation Canada
...of the discretion remains an open question given the nature of some of the exceptions: Pokornik v. SkipTheDishes Restaurant Services Inc., 2024 MBCA 3, at para. 27; Uber, 2019 ONCA 1, at para. 26; TELUS Communications Inc. v. Wellman, 2019 SCC 19, [2019] 2 S.C.R. 144, at para. 73. Regardles......
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TSA Corporation et al v. KPMG LLP
...Partners Inc, 2024 BCCA 133 at paras 30 & 50 (scope of arbitration agreement); Pokornik v SkipTheDishes Restaurant Services Inc, 2024 MBCA 3 at paras 25–33 (existence of an arbitration agreement); Husky Food Importers & Distributors Ltd v JH Whittaker & Sons Limited, 2023 ONCA 2......
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Lin v. Uber Canada Inc.
...They are Lochan v Binance Holdings Limited, 2023 ONSC 6714 [Lochan ONSC] and Pokornik v SkipTheDishes Restaurant Services Inc, 2024 MBCA 3 [Pokornik [154] In Lochan ONSC, the court dismissed a motion to stay a proposed class proceeding due to an arbitration provision in a standard-form adhe......
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1 firm's commentaries
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Skip The Arbitration: Mandatory Arbitration Clause In Standard-form Contract Found Unconscionable
...v. SkipTheDishes Restaurant Services Inc, 2024 MBCA 3 (Pokornik), the Manitoba Court of Appeal held that the arbitration clause in a standard form agreement was unconscionable and unenforceable. As a result, a proposed class action by drivers delivering food and beverages through SkipTheDis......
