Posts Tagged ‘MasterCard’

Melissa De Zwart, “Don’t Shoot the Messenger: Wikileaks and the Future of the Internet”

September 19, 2012

Melissa De Zwart (Adelaide Law School, The University of Adelaide) has published “Don’t Shoot the Messenger: Wikileaks and the Future of the Internet”, (2012),  Telecommunications Journal Of Australia, Swinburne University of Technology 62 (4) p. 60. [registration required]. The abstract reads:

This article identifies some of the motivations behind, and the activities of, WikiLeaks. It then analyses the broader implications of the actions taken to withdraw funding support from WikiLeaks through the so-called ‘Banking Blockade.’ This article then considers the impact of the Banking Blockade which effectively dried up donations to WikiLeaks in 2010. It assesses what this means for the future of the Internet itself as an increasingly privatised domain, where the power of contract can overcome protections offered by the general law.

 

 

 

Forum Selection Clauses Do Not Bind Non-Signatories, Ontario Court Rules

May 9, 2012
MasterCard logo used on cards 1997 to present.

MasterCard logo used on cards 1997 to present. (Photo credit: Wikipedia)

The recent decision of the Ontario Superior Court of Justice in Aldo Group Inc. v. Moneris Solutions Corporation, 2012 ONSC 2581 (CanLII) poses the question:

  Can a forum selection clause bind a person who was not a signatory to the contract containing the clause? 

In a lengthy judgment, D.M. Brown J. of the Toronto Commercial List Court considered a motion brought by the co-defendant, MasterCard International, Inc. [“Mastercard”] asserting that the claim brought by the plaintiff, Aldo Group Inc. a footwear retailer [“Aldo”] was subject to a forum selection clause specifying the New York courts by reason of the nature of the plaintiff’s claims pleaded against MasterCard, notwithstanding that Aldo was not a privy to either of the two contracts containing the New York forum selection clause. (more…)


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