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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.

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