Web Site Terms and Conditions Enforced by Quebec Court

A Canadian court recently considered the issue of the enforceability of terms and conditions of use of information based only on the implied consent of web site users by their downloading of information from the site. In The Canadian Real Estate Association v. Sutton Real Estate Services Inc., the Quebec Superior Court concluded that the a web site user could be deemed to have agreed to the terms and conditions as to copyright protection displayed on the site based on the implied consent of the user. The web site contained, among other provisions, the following: _By downloading the property listings and data, the user confirms agreement with, and acceptance of the foregoing conditions of use _ By accessing or using the site, you agree to be bound by this agreement_. The lack of a formal _I agree_ statement or button to be clicked on was found not to be required in order to provide the consent of the viewer. This decision came on a motion for a preliminary injunction and, in passing, the Court noted that the key question of implied consent by the downloading of information would be re-visited at the trial. For a copy of the reasons, visit: http://www.canlii.org/qc/jug/qccs/2003/2003qccs11838.html. Summary by: Sue Diaz Unsure of the adequacy of the terms and conditions of use of your web site? Contact Michael Erdle (merdle@dww.com) or Nicholas Whalen (nwhalen@dww.com).