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Updated: SCC greenlights class action against Facebook in major private international law ruling

Friday, June 23, 2017 @ 11:30 AM | By Cristin Schmitz

In a groundbreaking private international law (PIL) judgment of global interest, the Supreme Court of Canada has split 4-3 to override Facebook’s forum selection clause — thus reviving a privacy class action on behalf of 1.8 million Facebook users in British Columbia against the U.S. social media giant.

On June 23, the top court issued three opinions (splintering 3-1-3) to rule 4-3 that Facebook's online contractual forum selection clause on the site’s “terms of use” — which purports to restrict users to suing the California-based company...