Loan Away Inc. v. Facebook Canada Ltd.
| Jurisdiction | Ontario |
| Court | Court of Appeal (Ontario) |
| Judge | Fairburn A.C.J.O., Harvison Young and Jamal JJ.A. |
| Neutral Citation | 2021 ONCA 432 |
| Citation | 2021 ONCA 432 |
| Docket Number | C67908 |
| Date | 18 June 2021 |
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3 practice notes
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Integrated Team Solutions PCH Partnership, LED (ITS) PCH Inc. v Mitsubishi Heavy Industries Inc.
...In commercial contexts, absent exceptional circumstances, they are generally enforced [ Loan Away Inc. v. Facebook Canada Ltd., 2021 ONCA 432, at para. 31 The two-part test to determine whether such clauses should be enforced is the strong cause test. The first part compels the party which ......
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Cardtronics Canada ATM Management Partnership v Dawson
...set out the two-part “strong cause” test, which was summarized by the Ontario Court of Appeal in Loan Away Inc. v. Facebook Canada Ltd., 2021 ONCA 432, at para. 21: Courts apply a two-step approach in determining whether to enforce a forum selection clause and stay an action brought contrar......
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JLPM v Ferrovial Services Canada Ltd
...Management Canada Limited 2 Aureus Solutions Inc. v. Canadian Pacific Railway Co., para. 12 3 [1969] 1 Lloyd's Rep. 237 4 2017 SCC 33 5 2021 ONCA 432, para. 21. 6 2012 NSSC 62 at para. 32 7 2003 SCC 27 8 2020 SCC 16 9 Pompey at paragraph 20. 10 Pompey at para. 20 11 Pompey at para. 31 and 3......
3 cases
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Integrated Team Solutions PCH Partnership, LED (ITS) PCH Inc. v Mitsubishi Heavy Industries Inc.
...In commercial contexts, absent exceptional circumstances, they are generally enforced [ Loan Away Inc. v. Facebook Canada Ltd., 2021 ONCA 432, at para. 31 The two-part test to determine whether such clauses should be enforced is the strong cause test. The first part compels the party which ......
-
Cardtronics Canada ATM Management Partnership v Dawson
...set out the two-part “strong cause” test, which was summarized by the Ontario Court of Appeal in Loan Away Inc. v. Facebook Canada Ltd., 2021 ONCA 432, at para. 21: Courts apply a two-step approach in determining whether to enforce a forum selection clause and stay an action brought contrar......
-
JLPM v Ferrovial Services Canada Ltd
...Management Canada Limited 2 Aureus Solutions Inc. v. Canadian Pacific Railway Co., para. 12 3 [1969] 1 Lloyd's Rep. 237 4 2017 SCC 33 5 2021 ONCA 432, para. 21. 6 2012 NSSC 62 at para. 32 7 2003 SCC 27 8 2020 SCC 16 9 Pompey at paragraph 20. 10 Pompey at para. 20 11 Pompey at para. 31 and 3......