Next Pathway Inc. v. Informatica Inc.

Decided: 2026-09-22. Docket: COA-25-CV-0954. Citation: 2026 ONCA 657 (CanLII). 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 dism