On the second step, the majority9 held that the plaintiff did in fact establish strong reasons not to enforce the forum selection clause. Those reasons include:
*Facebook's terms of use constitute a contract of adhesion that is the result of unequal bargaining power between a global corporation and an individual consumer10
*freedom to contract should not effectively deprive consumers of a remedy when claims arise;11
*the claim seeks to enforce quasi-constitutional privacy rights of British Columbians:12
B.C. courts are in a better position to adjudicate claims based on a B.C. statute;
Facebook offered no evidence that a California court would actually hear the claim; and it would be more convenient for Facebook to make its records available for inspection in British Columbia than it would be for the plaintiff to travel to California.14
from Mortgage Movies Journal http://bit.ly/2C1ewAA
Facebook Selection of Venue Clause: Out of the Frying Pan, Into the Fire. - After The Mortgage ADSENSE HERE