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Douez v Facebook, Inc.: Public Policy and Broad Strokes

Source: ABlawg

Douez v Facebook, Inc.: Public Policy and Broad Strokes




By: Jassmine GirgisPDF Version: Douez v Facebook, Inc.: Public Policy and Broad Strokes Case Commented On: Douez v Facebook, Inc., 2017 SCC 33 (CanLII) On its face, Douez v Facebook, Inc. decides the enforceability of a forum selection clause. But the Douez case also addresses public policy issues arising from consumer contracts of adhesion and the Internet era. A majority of the Supreme Court of Canada used public policy principles to find the clause unenforceable. In British Columbia, a class action was brought against Facebook, Inc. on behalf of 8.1 million people. They alleged Facebook used the names and pictures of certain members for advertising without their consent, contrary to the Privacy Act, RSBC 1996, c 373. Facebook sought to stay the proceedings on the basis of a forum selection clause contained in its terms of use, terms to which all Facebook members must agree before they access the site. The…



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