Key Issues:
- Whether the court has jurisdiction over the dispute.
- Whether Barnes’ Facebook account was used for commercial purposes, triggering Meta’s forum selection clause.
- Whether Facebook Canada was a proper defendant.
Facts:
- Toby Barnes, a resident of Newfoundland and Labrador, had a personal Facebook account hacked on May 14, 2022.
- His account was suspended, and he was notified it would be deleted by December 13, 2022.
- Barnes sued Meta and Facebook Canada on December 12, 2022, seeking injunctive relief and damages.
- Facebook reinstated his account after seven months.
- Barnes initially claimed his personal account was used for business, including managing client pages. He later amended his claim, removing references to business use.
Court’s Findings:
- Commercial Use: Evidence, including affidavits and Meta’s records, confirmed Barnes used his personal account for business purposes, making the forum selection clause enforceable.
- Jurisdiction Clause: Meta’s terms required commercial disputes to be litigated in California.
- Facebook Canada’s Role: The court found no evidence of a contractual relationship between Barnes and Facebook Canada, making it an improper defendant.
Rulings:
- Claim Against Meta: Stayed; must be litigated in California.
- Claim Against Facebook Canada: Stayed due to lack of contractual relationship.
- Costs: Awarded to defendants under Column 3 of the Schedule of Costs. The exact monetary value of the costs was not specified
Conclusion:
The court enforced Meta’s forum selection clause, ruling it lacked jurisdiction. Barnes must file in California. Facebook Canada was not liable.