A class action says Uber Eats has been hiding fees and Canadian users could be owed money

A proposed class action lawsuit filed against Uber Eats in Canada is taking aim at a fee that millions of users may not have realized they were paying. And if you’ve ordered delivery through the app since May 2023, you’re likely included.

The lawsuit, filed in Ontario Superior Court in May 2025 by Toronto law firm Koskie Minsky LLP, targets what it calls a hidden “Service Fee” charged on all Uber Eats delivery orders. The claim alleges that Uber deliberately buries the fee until the final stage of checkout, where it appears under a line item labelled “Taxes & Other Fees” rather than being disclosed upfront alongside the Delivery Fee. The lawsuit describes this as drip pricing (a practice where the true cost of a service is only revealed piece by piece as the consumer moves through the transaction).

The Service Fee itself runs a minimum of $2.00 on orders under $20, 10% on orders between $20 and $40, and caps at $4.00 on orders above $40.

Uber One subscribers have an additional reason to pay attention. The $9.99 per month subscription is marketed as including free delivery on eligible orders, but according to the claim, the Service Fee still applies to every delivery order regardless. The lawsuit argues this amounts to a breach of contract since subscribers are paying for a benefit that doesn’t fully exist.

It’s worth noting this isn’t the first time Uber has faced this kind of legal challenge in Canada. Earlier this year, the Quebec Superior Court authorized a separate class action targeting Uber’s cancellation fee practices, accusing the company of failing to properly disclose in its terms of service that a fixed fee would be charged for cancellations. That case, brought by Montreal plaintiff Valerie Ohayon after her son was charged $5.75 for cancelling a ride, covers anyone in Quebec who was charged a cancellation fee on Uber or Uber Eats since 2019.

The proposed class for the Service Fee lawsuit covers every Canadian resident who placed a delivery order on Uber Eats and paid a Service Fee on or after May 16, 2023. A certification hearing is scheduled for March 2027.

For more information in the meantime, you can reach Koskie Minsky at ubereatsclassaction@kmlaw.ca or toll-free at 1-855-595-2628.

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