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Choice of Court Agreements in Common Law Canada

  • Geneviève SaumierEmail author
Chapter
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Part of the Ius Comparatum - Global Studies in Comparative Law book series (GSCL, volume 37)

Abstract

This contribution canvasses the treatment of choice of court agreements in the law of the Canadian common law provinces. It outlines the statutory and common law sources relevant to the enforcement of such clauses by courts as well as some key judgments, including the 2017 Supreme Court decision in Douez v Facebook. The upshot is that Canadian courts largely enforce choice of court agreements but that the methodology used to assess the diverse types of clauses, including optional and exclusive clauses, is not always coherent or consistent. It concludes that reform would be useful to provide more direction to courts and predictability for parties.

References

  1. Hall GR (2012) Canadian contractual interpretation law, 2nd edn. LexisNexis, MarkhamGoogle Scholar
  2. Oppong RF, Gibbs S (2017) Damages for breach and interpretation of jurisdiction agreements in common law Canada. Canadian Bar Rev 95:393–412Google Scholar
  3. Saumier G (2018) Has the CJPTA readied Canada for the Hague choice of court convention? Osgoode Hall Law J 55:141–162Google Scholar
  4. Saumier G, Bagg J (2013) Forum selection clauses before Canadian Courts - a tale of two (or three?) solitudes. UBC Law Rev 46:439–487Google Scholar

Copyright information

© Springer Nature Switzerland AG 2020

Authors and Affiliations

  1. 1.Faculty of Law, McGill UniversityMontrealCanada

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