Next Pathway Inc. v. Informatica Inc.

canada, canadian, case law, court opinion, canlii, onca, 2026onca657, 2026 onca 657 (canlii), 2026, onca, 657, (canlii), coa-25-cv-0954, 2026, contracts, forum selection clauses, contract interpretation, contract of adhesion and contra proferentem, did the motion judge err in finding the migration agreement was a contract of adhesion and applying contra proferentem, standard form contract, “take it or leave it” basis, affidavit evidence, no reversible error, appeal dismissed, contracts, forum selection clauses, exclusive jurisdiction, interpretation of “any dispute must be brought”, whether the migration agreement forum selection clause was valid, clear and enforceable and applied to the cause of action, absence of “exclusive” and attornment, undefined “dispute”, agreements “inextricably linked”, clause read as non, exclusive, appeal dismissed, procedure, stay of proceedings, forum selection clause motion, “artful pleading”, whether the plaintiff’s pleading improperly attempted to avoid the forum selection clause, characterisation of termination of migration agreement as reprisal for insisting on termination fee under service agreement, no merit to “artful pleading” submission, appeal dismissed, procedure, stay of proceedings, “strong cause” test, z.i. pompey industrie v. ecu, line n.v., douez v. facebook, inc., whether the motion judge erred in the alternative “strong cause” analysis, evidence located in ontario, multiple proceedings and inconsistent findings, negotiated versus imposed clause, no error shown, appeal dismissed