This test has mostly been applied in commercial contexts, where forum selection clauses are generally enforced to hold sophisticated parties to their bargain, absent exceptional circumstances. (slaw.ca)
On June 23rd, 2017, the Supreme Court of Canada issued a decision in Douez v. Facebook on the enforceability of forum selection clauses in online contracts which will significantly affect the legal risks of businesses employing the Business to Consumer (B2C) revenue model. (slaw.ca)
Supreme Court of Canada Considers Enforceability of Forum Selection Clause in Douez v Facebook (dww.com)