Canada Case Law

Tatiana Gorenstein v. Meta Platforms, Inc.

Court

Federal Court of Appeal

Appeal dismissed because the Federal Court lacked statutory jurisdiction under the Federal Courts Act to adjudicate this essentially private contractual dispute between the appellant and Meta; the parties conceded the lack of federal jurisdiction and the Federal Court's reasoning on enforceability of forum selection clauses was not endorsed because necessary findings under Douez and Dell were not made.

Source excerpt

• Forum selection clause
• Terms of service
• Choice of law
• Contract of adhesion
• Jurisdictional competence
• Enforceability of online arbitration/choice clauses

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X Corp. v. Masjoody

Court

British Columbia Court of Appeal

British Columbia Court of Appeal dismissed X Corp.’s appeal from a stay application, holding its forum selection clause did not clearly cover the defamation claims.

• Forum selection clause
• Terms of service
• Recusal
• Limitation of liability
• Injunctive relief
• Forum-selection-clause

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Gorenstein v. Meta Platforms Inc.

Court

Federal Court

The Federal Court stayed Tatiana Gorenstein’s action against Meta, enforcing Instagram’s forum selection clauses and finding she was not a consumer under the terms.

• Forum selection clause
• Jurisdiction
• Terms of service
• Choice of law
• Contract of adhesion
• Commercial v consumer classification

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Ware v. Airbnb, Inc.

Court

Supreme Court of British Columbia

Class proceeding certification granted in part against Airbnb on alleged statutory and contractual illegality in accommodation rental services; abuse of process and jurisdiction challenges dismissed.

• Certification
• Territorial jurisdiction
• Abuse of process
• Statutory illegality
• Unjust enrichment
• Breach of contract

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Masjoody v. Momeni

Court

Supreme Court of British Columbia

The court dismissed X Corporation’s jurisdictional application, finding the X Terms of Service forum clause did not clearly cover the plaintiff’s defamation and conspiracy claims.

• Forum selection clause
• Terms of service
• Vicarious liability
• Publication
• Jurisdiction
• Limitation of liability

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Pisu v. Combustion Labs Media Inc.

Court

Court of Appeal for Ontario

The appeal was allowed because the terms of service containing a British Columbia forum selection clause were part of the contract and, applying the real and substantial connection test, the respondent's claim lacked a sufficient connection to Ontario; accordingly the Ontario action against the appellants was stayed.

Source excerpt

• Forum non conveniens
• Choice of forum clause
• Terms of service
• Stay of proceedings
• Real and substantial connection test
• Jurisdiction

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Crookes v. Yahoo

Court

Supreme Court of British Columbia

The court dismissed the action against Yahoo! Inc. for lack of jurisdiction, finding no evidence that the alleged libel was published or read in British Columbia.

• Defamation
• Jurisdiction
• Service ex juris
• Forum selection clause
• Terms of service
• Internet-law

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