Supreme Court Of Canada Allows B.C. Woman To Sue Facebook

A British Colombia woman is being allowed by the Supreme Court of Canada to sue Facebook for allegedly violating her privacy

Image via WikiCommons
WikiCommons

Image via WikiCommons

Image via WikiCommons

This Friday, the Supreme Court of Canada ruled in favour of letting a British Colombia woman pursue her case against Facebook over its use of ‘sponsored stories.

Deborah Douez was given permission to file a class-action lawsuit against the social media giant after they allegedly used her name and photo for an advertisement of a company she simply ‘liked.’ Douez’s lawsuit will reportedly seek damages based on a claim that the advertising format violates B.C.'s Privacy Act.

While the B.C. Supreme Court ruled in favour of Douez’ lawsuit, the Court of Appeal stayed the case, demanding it be pursued in Facebook’s home state of California. All Facebook users are also required to agree to terms of use, which contains a forum selection and a choice-of-law clause that states all disputes must be settled in California.

The Supreme Court found the clause unenforceable, in a 4-3 split decision, stating Ms. Douez has established a compelling argument.

The ruling also stated:

"The grossly uneven bargaining power between the parties and the importance of adjudicating quasi-constitutional privacy rights in the province are reasons of public policy that are compelling, and when considered together, are decisive in this case."

Despite the three opposers wishing to pursue the established international law, the claims will be reassessed in B.C. 

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