“The Canadian doctrine of unconscionability is notoriously uncertain. Until its decision in Uber Technologies Inc v Heller, 2020 S.C.C. 16 (‘Heller’), the Supreme Court of Canada had not pronounced authoritatively on the subject, leaving lower courts to develop a variety of different framework tests that operate inconsistently across the country (see C Hunt, ‘Unconscionability Three Ways: Unfairness, Consent and Exploitation’ (2020) 96 Supreme Court Law Review 37; R Bigwood, ‘Antipodean Reflections on the Canadian Unconscionability Doctrine’ (2005) 84 Canadian Bar Review 171). In Heller, Canada’s apex court was called upon to clarify the doctrine …”
Chris Hunt, Unconscionability In The Supreme Court Of Canada: Uber Technologies Inc v Heller, Cambridge Law Journal, Volume 80, Issue 1, March 2021, pp 25–28, DOI: https://doi.org/10.1017/S0008197321000209.