Can I sue in Ontario if the contract says disputes must be heard in another province?

A contract may include a "forum selection clause" specifying that any dispute must be resolved in the courts of a particular province. If the clause names a province other than Ontario, an Ontario court may or may not respect it — the analysis is more nuanced than a simple yes or no.

Ontario courts have the discretion to enforce forum selection clauses, but they are not obligated to. Courts consider whether the clause was clearly agreed to, whether Ontario has a real and substantial connection to the dispute, whether it would be unfair or impractical to litigate in the specified forum, and whether any consumer protection legislation applies.

If you are a consumer, Ontario's Consumer Protection Act, 2002 gives Ontario consumers certain rights regardless of what a contract says about jurisdiction. A forum selection clause that effectively strips an Ontario consumer of access to Ontario courts may not be enforceable.

For commercial disputes between sophisticated parties, Ontario courts give more weight to forum selection clauses and may stay your Ontario action in favour of the agreed jurisdiction. Before filing in Ontario when the contract specifies elsewhere, consult a lawyer to assess whether the clause will be enforced and whether there are grounds to argue Ontario courts should hear the case regardless.