Preymann v. Ayus Technology Corporation, 2012 BCCA 30
The latest word on the enforceability of forum selection clauses.
The issue on this appeal was the enforceability of a forum selection clause in which the parties chose Austria as the forum in which to resolve any disputes arising from their agreement.
The chambers judge held that BC had territorial competence but declined jurisdiction due to the forum selection clause. Accordingly, the action was stayed.