What is the test for a forum selection clause in a motion to stay an action?
British Columbia, Canada
The following excerpt is from Baran v Pioneer Steel Manufacturers Limited, 2021 BCSC 491 (CanLII):
Many of the chambers judge’s findings in Schuppener v. Pioneer Steel Manufacturers Limited, 2019 BCSC 425 [Schuppener] are applicable to this application. In that case, the chambers judge held that the identical forum selection clause met the first stage of the test. However, the chambers judge went on to find that the forum selection clause could not withstand the second stage, or “strong cause” analysis, and consequently, the defendant’s application to stay the British Columbia action was dismissed.
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