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ARTICLE · 07 JULY 2017

SCC: Facebook's Forum Selection Clause Is Unenforceable

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On June 23, 2017, the Supreme Court of Canada (SCC) released its decision in Douez v. Facebook Inc.

CanadaPrivacy
Molly Reynolds
Molly Reynolds
Vitali Berditchevski
Vitali Berditchevski
Steven Slavens
Steven Slavens
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On June 23, 2017, the Supreme Court of Canada (SCC) released its decision in Douez v. Facebook Inc.1 The question in this case was whether the forum selection clause in Facebook's terms of use was enforceable.

This case was brought as a result of a Facebook feature called "Sponsored Stories" which, according to the plaintiff, used the names and photos of Facebook members—without their knowledge—to advertise products and services to other Facebook members.2 The plaintiff, a British Columbia resident, alleged that Facebook used her name and likeness without consent for advertising, contrary to section 3(2) of British Columbia's Privacy Act.3 The plaintiff sought to bring this matter as a class action. Facebook brought a motion to stay the action on the basis of their forum selection clause, which indicates that disputes originating from users about Facebook must be filed in California.4

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