Issue Archive

Supreme Court shoots down forum selection in Douez v. Facebook

Last week the Supreme Court of Canada refused to enforce a forum selection clause in Douez v. Facebook. This will likely be cast as a monumental victory for consumer and privacy rights, as well as a dangerous attack on existing legal precedence and business certainty. Both characterizations may have some truth.

This issue of PrivacyScan considers the Supreme Court’s decision, how it has changed the law of contracts, and what it means for online businesses going forward.

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