Loan Away Inc. v. Facebook Canada Ltd.

JurisdictionOntario
CourtCourt of Appeal (Ontario)
JudgeFairburn A.C.J.O., Harvison Young and Jamal JJ.A.
Neutral Citation2021 ONCA 432
Citation2021 ONCA 432
Docket NumberC67908
Date18 June 2021

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3 practice notes
  • Integrated Team Solutions PCH Partnership, LED (ITS) PCH Inc. v Mitsubishi Heavy Industries Inc.
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • July 3, 2024
    ...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
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • November 26, 2024
    ...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
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • November 18, 2024
    ...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
  • Integrated Team Solutions PCH Partnership, LED (ITS) PCH Inc. v Mitsubishi Heavy Industries Inc.
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • July 3, 2024
    ...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
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • November 26, 2024
    ...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
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • November 18, 2024
    ...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......