Québec Superior Court Provides Direction on Enforceability of "Web Wrap" Agreements
Date:
March 1 2004
On April 11, 2003, the Québec Superior Court provided guidance on the validity and enforceability of “web-wrap” agreements in the case of The Canadian Real Estate Association v. Sutton (Québec) Real Estate Services Inc. In this decision, the Canadian Real Estate Association (“CREA”) successfully obtained an interlocutory injunction to prevent Sutton (Québec) Real Estate Services Inc. (“Sutton”) from downloading real estate listings from CREA’s well established MLS website, including postings from other realtors, and uploading such data onto its own website, without consistently providing the name and contact information of listing agents. Instead, Sutton would post its logo as well as the name and contact information of one its own agents, alongside the information scraped from the MLS website.
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