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Supreme Court of Canada Holds Facebook can be sued in British Columbia

The Supreme Court of Canada has released its decision in Douez v. Facebook, Inc., 2017 SCC 33.  The Court held by a 4-3 majority that Deborah Douez can pursue her proposed class action lawsuit against Facebook in the British Columbia courts, notwithstanding that Facebook’s terms of use require any litigation against it be brought in the state of California.

Ms. Douez alleges that Facebook contravened the British Columbia Privacy Act by using her name and profile picture to advertise companies and products without her consent.  The proposed class action is estimated to include 1.8 million British Columbia residents.

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