Law360 Canada ( August 15, 2025, 1:51 PM EDT) -- Appeal by appellant from motion judge’s decision to dismiss a certification motion and to stay a class action pursuant to the Arbitration Act. A class action was started against Amazon Canada Fulfillment Services, ULC, Amazon.com, Inc., and Amazon.com.ca, Inc. (collectively, “Amazon”). The motion judge characterized the class action as proceeding with two branches, one involving a class of delivery partners (“DPs”), who were employed directly by Amazon, and one involving a class of driver associates (“DAs”) employed by third-party delivery-service partner companies. The Appellant sued Amazon as an “employer” of approximately 16,000 putative class members known as DPs and as a “common employer” of approximately 57,000 putative class members known as DAs. The motion judge granted a motion to stay for the DPs and DAs who had signed arbitration agreements and dismissed the motion to certify the class action for the class members who had not signed arbitration agreements. The motion judge concluded that the appellant’s claim with respect to DAs was doomed to failure on the basis that the appellant could not establish a common employer for all members of the class action. The appellant argued that the motion judge erred both in granting a stay and in his certification analysis....