B.C. Cracks Down On Class Action Waivers And Other Predatory Sales Practices

Behind every login screen is a rarely scrutinized but deeply consequential legal interaction: the clickwrap agreement. A clickwrap agreement is a digital contract where users signify their consent to terms and conditions by clicking a button or checking a box stating, "I agree". These contracts, buried in lengthy Terms of Service ("ToS"), often contain mandatory arbitration clauses and class action waivers, stripping consumers of their right to seek legal remedies collectively. As evidenced by cases like AT&T Mobility LLC v. Concepcion, 2011, 563 U.S. 333 and Epic Systems Corp. v. Lewis 2018, 138 S. Ct. 1612, the United States has tended to uphold these terms under freedom to contract principles, but Canada has taken a markedly different approach.