Genevieve Saumier (McGill University – Faculty of Law) and Jeffrey Bagg (Student-at-Law, McGill University-Faculty of Law) have posted “Forum Selection Clauses Before Canadian Courts”. Here is the abstract:
Forum selection clauses are treated differently across Canada. This is due not only to provincial competence over the issue, but also because of uncertainty following a series of appellate judicial interpretations of existing rules, whether these are drawn from legislation or jurisprudence. The Supreme Court recently had the opportunity to resolve some of the this ambiguity in Momentous.ca v. Canadian American Association of Professional Baseball. But in a laconic twelve paragraph decision, the highest court rather muddied the waters even more. This article will try to shed light on the differing treatment of forum selection clauses across the country and determine whether change is warranted and if so, what form it might take.
Download a copy of the paper via SSRN here.
- A Triumph of Form Over Substance: Momentous.ca Corp. v. Canadian American Association of Professional Baseball Ltd. (thetrialwarrior.com)
- New York State Court Refuses to Enforce Website’s Forum Selection Clause (esignrecords.org)
- Facebook’s Forum-Selection Clause Enforceable Against Plaintiff Minors (esignrecords.org)