Forum Selection Clauses Before Canadian Courts - A Tale of Two (or Three?) Solitudes
(2013) 46 UBC Law Review 439-87
50 Pages Posted: 2 May 2012 Last revised: 21 Nov 2013
Date Written: May 15, 2012
Forum selection clauses are treated differently across Canada. This is due not only to provincial competence over the issue, but also because of uncertainty following a series of appellate judicial interpretations of existing rules, whether these are drawn from legislation or jurisprudence. The Supreme Court recently had the opportunity to resolve some of the this ambiguity in Momentous.ca v. Canadian American Association of Professional Baseball. But in a laconic twelve paragraph decision, the highest court rather muddied the waters even more. This article will try to shed light on the differing treatment of forum selection clauses across the country and determine whether change is warranted and if so, what form it might take.
Keywords: international litigation, forum selection clauses, choice of court agreements
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