Geneviève Saumier & Jeffrey Bagg, “Forum Selection Clauses before Canadian Courts: A Tale of Two (or Three?) Solitudes”

Working 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 this ambiguity in 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.

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