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

See all articles by Genevieve Saumier

Genevieve Saumier

McGill University - Faculty of Law

Jeffrey Bagg

McGill University

Date Written: May 15, 2012

Abstract

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

Suggested Citation

Saumier, Genevieve and Bagg, Jeffrey, Forum Selection Clauses Before Canadian Courts - A Tale of Two (or Three?) Solitudes (May 15, 2012). (2013) 46 UBC Law Review 439-87 . Available at SSRN: https://ssrn.com/abstract=2049533 or http://dx.doi.org/10.2139/ssrn.2049533

Genevieve Saumier (Contact Author)

McGill University - Faculty of Law ( email )

3644 Peel Street
Montreal H3A 1W9, Quebec
Canada
514-398-6637 (Phone)

Jeffrey Bagg

McGill University ( email )

1001 Sherbrooke St. W
Montreal, Quebec H3A 1G5
Canada

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