is an Ontario Superior Court case that is the leading decision on clickwrap licenses and forum selection clauses in Canada.
They argued that the contract between them and the subscribers contained a forum selection clause which gave exclusive jurisdiction to Washington state to resolve any disputes.
Winkler rejected Rudder's argument, stating that "Admittedly, the entire Agreement cannot be displayed at once on the computer screen, but this is not materially different from a multi-page written document which requires a party to turn the pages."
Winkler observed that users were required to click on the "I agree" button to accept the terms, and that the impugned clause was no harder to read than any of the others.
Winkler did not find it reasonable for Rudder to argue for the enforcement of all the other terms of the contract except for the forum clause.