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Leading Internet Case Law

FORUM SELECTION: Uncertainty following two Canadian rulings on forum selection clauses


Douez v. Facebook, Inc., Supreme Court of Canada, 2017 SCC 33, 23 June 2017; Demers v. Yahoo! Inc., Québec Superior Court, 2017 QCCS 4154, 19 September 2017

Two cases - one at the Supreme Court of Canada, and another at a lower court but following similar reasoning as the Supreme Court in the earlier case - involving the right of a plaintiff to launch a privacy class action in the plaintiff’s province appear to indicate a trend of Canadian courts refusing to enforce forum selection clauses in the terms of use of free online services in Canada. One result of these decisions is increased uncertainty for foreign businesses looking to offer their online services in Canada.

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