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Tuesday
Nov072017

UPDATE – August 25, 2017

The Court of Appeal will hear submissions on certification on December 15, 2017.

Click [here] to read the plaintiff’s/respondent’s supplemental factum and [here] to read the defendant’s/ appellant’s supplemental factum.

Tuesday
Nov072017

UPDATE – June 23, 2017 

The Supreme Court of Canada allowed the plaintiff’s appeal and overturned the British Columbia Court of Appeal’s decision to enforce the forum selection clause. The Supreme Court of Canada held that the action can proceed in British Columbia Supreme Court.

The plaintiff and defendant will return to the Court of Appeal to make arguments on certification, as the Court of Appeal did not previously make a decision on this issue.

Click [here] to read the Supreme Court of Canada’s decision. 

Tuesday
Nov072017

UPDATE – March 10, 2016

The plaintiff’s application for leave to appeal to the Supreme Court of Canada was granted. The appeal will be heard in Ottawa, Ontario on November 4, 2016.

Tuesday
Nov072017

UPDATE – June 19, 2015

The Court of Appeal overturned the British Columbia Supreme Court’s decision certifying the action. The Court of Appeal held that the forum selection clause in Facebook’s terms of use should be enforced and stayed the action. This forum selection clause requires lawsuits against Facebook to be brought in Santa Clara, California. The Court of Appeal held that the plaintiff can pursue the action in California. Because the Court held that the action cannot be pursued in British Columbia, the British Columbia Supreme Court’s decision on certification was held to be moot.

Click [here] to read the Court of Appeal’s decision.

The plaintiff is applying for leave to appeal this decision to the Supreme Court of Canada.

Tuesday
Nov182014

UPDATE - November 17, 2014

Facebook is appealing the decision certifying this action as a class action. The appeal will be heard on March 2, 2015.

The Appellant filed its Factum in the Court of Appeal on October 1, 2014.  Click here to view a redacted version.

The Respondent filed its Factum in the Court of Appeal on November 14, 2014.  Click here to view a redacted version.