Electronic terms of service govern billions of relationships worldwide, whether a user is joining a social media service, shopping online or accessing a blog. In each case, a binding contract is formed, the terms of which are usually set out in the website’s “terms of service” . But when a contract is made over the internet and there is later a dispute, whose law governs? What is the “forum” for the resolution of the dispute? What if the contract expressly designates a specific jurisdiction as the appropriate “forum”? In Douez v Facebook, Inc. (“Douez”), the Supreme Court of … Continue Reading
In the recent decision of Cellular Baby Cell Phones Accessories Specialist Ltd. v. Fido Solutions Inc., 2017 BCCA 50 the BC Court of Appeal held that the long delay in the exercise of a supplier’s contractual right to terminate a dealership agreement rendered the termination improper. The court also held that a dealer’s obligation to mitigate its damages upon termination was met, even though the dealer declined to sell the dealership to a third party.
In this case, the supplier terminated the dealership agreement on the basis that the dealer had failed to meet quarterly sales quotas on three … Continue Reading
On McCarthy Tétrault LLP’s Canadian Appeals Monitor blog, Adam Ship and Sarah Ahsan recently published a helpful discussion of the Ontario Court of Appeal’s decision in Addison Chevrolet Buick GMC Limited et al. v. General Motors of Canada Limited et al., which will be of interest to readers of the Consumer & Retail Advisor blog. This decision potentially opens the door for a franchisor’s parent company to be liable to a franchisee of its subsidiary for breach of the duty of good faith.… Continue Reading