Here's an intro into a concept many people are investigating and pursuing as a remedy…
My, my, my. How things happen… is sometimes a wondrous thing.
(This case is discussed in the new Members only webinar CLICK HERE) or watch the relevant webinar excerpt below
I was searching for a case of a lady suing Facebook that was denied by B.C. Supreme Court (SCBC) and Appeal Court (BCCA) but was allowed on appeal to the Supreme Court of Canada (SCC).
The issue was that a woman wanted to sue Facebook in B.C. court. Facebook claimed they could not be sued in B.C. because their user terms state all legal actions against them must proceed in California courts. The B.C. courts agreed with Facebook, Supreme Court of Canada, in a split decision, disagreed thereby allowing the case to proceed against Facebook in B.C. Supreme Court. (Interesting case involving “common law test for forum selection clauses” and “gross inequality of bargaining power between the parties and the nature of the rights at stake” among others.)
The news article: https://www.cbc.ca/news/canada/british-columbia/supreme-court-facebook-bc-douez-1.4174804
SCC Docket- https://www.scc-csc.ca/case-dossier/info/dock-regi-eng.aspx?cas=36616
SCC Decision – https://scc-csc.lexum.com/scc-csc/scc-csc/en/item/16700/index.do?q=Deborah+Louise+Douez
This SCC decision allowed the case to be refiled in B.C. Supreme Court (and they were also seeking certification as a class action).
That was an interesting enough case for a few reasons…then