News & Analysis as of

Forum Selection Terms of Use

Stikeman Elliott LLP

Advertisers Bear Burden of Proving Individuals’ Consent to Appear in Ads, B.C. Court Rules – Also Holds that Legislatures Cannot...

Stikeman Elliott LLP on

In Douez v. Facebook, Inc., 2022 BCSC 914, the Supreme Court of British Columbia (the “Court”) held that Facebook used class members’ names and images in its “Sponsored Stories” advertising program without their consent,...more

Proskauer - New Media & Technology

Web Scraping Decisions Consider Contract Cause of Action

Two recent web scraping disputes highlight some important issues regarding whether a website owner may successfully allege a breach of contract action against a commercial party that has scraped website content contrary to...more

Blake, Cassels & Graydon LLP

SCC Decision Calls into Question Enforceability of Choice of Forum Clauses in Consumer Contracts

In June 2017, the Supreme Court of Canada (SCC) released its decision in Douez v. Facebook (Douez). The case concerned the application of a choice of forum clause included in Facebook’s terms of use to stay a class action...more

Bennett Jones LLP

Supreme Court of Canada Leaves Forum Selection Clauses in a State of Uncertainty

Bennett Jones LLP on

Facebook, Inc. (Facebook) recently lost a decision before the Supreme Court of Canada regarding the enforceability of the forum selection clause in its standard terms of use. Accordingly, organizations should carefully review...more

Morrison & Foerster LLP - Social Media

Court Upholds Enforceability of “Clickwrap” Employee Agreement

As we have previously discussed, if you want your electronic contracts to be enforceable, it is a best practice to require the counterparty to affirmatively accept the contract by checking a box or clicking a button. A recent...more

Cozen O'Connor

Click it to Stick it: Guide to Creating Binding Online Agreements

Cozen O'Connor on

Contract terms and purchaser assent to those terms, conditions, intended use and warning information provided with a purchased product are known fertile ground for defending product claims. In today’s virtual age,...more

Blake, Cassels & Graydon LLP

Going to California: Court of Appeal Rules Forum Selection Clause Overrides Certification of B.C. Privacy Act Claims

The British Columbia Court of Appeal recently overturned the certification of a class action against Facebook Inc. in relation to alleged breaches of B.C.’s Privacy Act, involving unauthorized commercial use of users’ names...more

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