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ARTICLE · 20 APRIL 2016

The SCC Monitor (19/04/2016)

McCarthy Tétrault
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Since our last post, the Supreme Court of Canada (SCC) has granted leave in a couple significant cases that will be of interest to our readers:

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LEAVES TO APPEAL GRANTED

Since our last post, the Supreme Court of Canada (SCC) has granted leave in a couple significant cases that will be of interest to our readers:

Douez v. Facebook: Like or Dislike?

The SCC recently granted leave to appeal from the judgment of the B.C. Court of Appeal in Douez v. Facebook ("Douez"), which likely garnered "dislikes" from online businesses and service providers who rely on choice of law and forum selection clauses in their Terms of Use agreements.

Coverage of the lower court decisions are available on our snIP/Its blog here and here.

By way of background, the Plaintiff in Douez commenced an action alleging that Facebook violated users' privacy by using their name and images in paid advertisements without consent. Facebook applied for a stay of proceedings on the basis that its Terms of Use contained a forum selection clause whereby the user agreed to resolve any claim in the federal courts of Santa Clara County,

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