This site would like to set some non-essential temporary cookies. Some cookies we use are essential to make our site work.
Others such as Google Analytics help us to improve the site or provide additional but non-essential features to you.
No behavioural or tracking cookies are used.
To change your consent settings, read about the cookies we set and your privacy, please see our Privacy Policy

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.

Sign up for a free trial for a week’s access to the entire latest issue of the journal
You must be logged in and have an active full subscription to view full articles.
Log in now
If you are not already a subscriber, take a subscription for full access to our entire online archives.

Search Publication Archives

Our publication archives contain all of our articles, dating back to 2001.
Can’t find what you are looking for?
Try an Advanced Search

Log in to leading internet case law
Subscribe to leading internet case law
Register for a Free Trial to leading internet case law
leading internet case law Pricing

Social Media

Follow leading internet case law on Twitterleading internet case law on LinkedInleading internet case law RSS Feed