Are such clauses enforced in Canada, except to prevent obvious dishonest behaviour as in Sutton Realty in Quebec or the similar BC case, Century 21 v Rogers Communications, about scraping real estate listings off an MLS site? (See par 92ff of that decision). Why should they be?
The ULCC published a study of them back in 1998 – I doubt they’re more sound now than they were then.
Do lawyers advise their clients to try this method of binding their customers, or do the salespeople override the legal advice?