2 total
Motion to stay dismissed; Meta's forum selection clauses did not clearly apply to news licensing agreement.
Meta brought a motion to dismiss or permanently stay Torstar's application, arguing that the dispute should be litigated in California pursuant to forum selection clauses in their News Innovation Agreement.
The court found that the forum selection clauses in Meta's Terms of Service and Commercial Terms applied to users of Meta's products, not to partners licensing content to Meta, and were therefore unclear and inapplicable.
Furthermore, the court held that even if the clauses applied, Torstar demonstrated strong cause not to enforce them, as the dispute involved the interpretation of the federal Online News Act and implicated Canadian public policy and constitutional values regarding freedom of the press.
Appeal dismissed; disclosure-sanction orders upheld on deferential review.
The appellants challenged orders striking a defence and dismissing a related claim for disclosure non-compliance.
The court found the motion judge gave thorough reasons, exercised discretion within a case-managed context under rule 37.15, and committed no error warranting intervention.
The appeal was dismissed with substantial costs.
