Quebec Restaurant Files Class Action Against ‘Abusive’ Delivery Fees During Pandemic

January 12, 2021 Updated: January 12, 2021

MONTREAL—A Quebec restaurant is launching a class-action lawsuit against food delivery companies for the alleged exorbitant and abusive commissions they are charging during the pandemic.

Montreal restaurant Deli Boyz is the lead plaintiff in the case that is targeting food delivery companies that operate smartphone applications, including Uber Eats, DoorDash, and SkipTheDishes.

The restaurant says the commissions these companies demand are in excess of 15 percent, which the applicant says are abusive during a pandemic because restaurants are limited to takeout as indoor dining is banned.

The Quebec Superior Court filing, which needs to be authoritized by a judge, seeks damages in the form of money paid to these companies in commissions above 15 percent, since Jan. 8. It is also requesting a judge bar the defendants from charging commissions above 15 percent of the total customer order.

The restaurant says between Dec. 27, 2020, and Jan. 4, 2021, it paid Uber Eats $737.17 in commissions for 67 orders totalling about $2,550.

According to the filing, if the cap had been set at 15 percent—as is the case in British Columbia—the commissions would have totalled $368.