Is a forum selection clause valid and enforceable?
Saskatchewan, Canada
The following excerpt is from Willick v. Watkins Incorporated, 2009 SKQB 375 (CanLII):
The jurisprudence in the State of Minnesota is that forum selection clauses are prima facie valid and are enforced unless they are unjust or unreasonable or invalid due to fraud or overreaching or unless the forum selection clause would actually deprive the opposing party of their fair day in court. Furthermore it would be the plaintiffs who have the burden of proof of establishing any of these issues. See M.B. Restaurant v. CKE Restaurants Inc. (183 F.3d 750).
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