Shift Law Blog Facebook's forum selection clause ruled unenforceable

The Supreme Court of Canada has released two landmark decisions in recent days relating to territorial commercial interests on the borderless Internet. This post concerns Douez v Facebook, Inc., 2017 SCC 33, a decision that marks an important development for the law of consumer contracts and more particularly, the enforceability of forum selection clauses in website terms of use. Specifically, the Court has held to be unenforceable Facebook's forum selection clause which states that disputes arising from, or connected with, the use of Facebook must be resolved in California regardless of where they arise.