Merely Browsing A Website Could Amount To Signing A Contract

The British Columbia Supreme Court recently rendered an important decision regarding the conditions upon which a web user may be bound by a website's terms and conditions of use. In Century 21 Canada Ltd. Partnership v Rogers Communications Inc., the court ruled that simply browsing a website may result in the formation of an enforceable contract if certain conditions are met. This decision sets an important precedent for all businesses engaged in electronic commerce in Canada.

The facts and the issues in dispute

Zoocasa (a subsidiary of Rogers Communications) operated a website that indexed property listings from a number of real estate websites. Zoocasa's search engine would access Century 21's website once a day to copy property descriptions and photographs. These descriptions and photographs would then be posted on Zoocasa's site along with additional information regarding the neighbourhood.