Posts Tagged ‘New York State’

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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