Summary

Keywords

Private international law — Jurisdiction — Presumptive connecting factors — Whether the court below failed to identify the operative contracts — Was the majority right to overturn the motion judge’s finding of a connection with an Ontario contract — Was the Court of Appeal right to rule that the connection was rebutted?

Summary

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The appellants, Duncan and Michelle Sinclair, and their son were on a European holiday and were injured in an accident in Venice, Italy. They were passengers on a water taxi that crashed into a wooden structure. The appellants were both injured.

The appellants had arranged their travels through Amex Canada Inc., operating under the name Centurion Travel Service which engages third-party travel suppliers for the provision of travel services such as car services, flights and hotel accommodations, at the request and on behalf of Centurion Card members. The day before flying to Venice, Mr. Sinclair booked transportation from the airport in Venice to their hotel, which included a water taxi ride. The water taxi was dispatched by the respondent, Venizia Turismo, and owned by the respondent, Venice Limousine S.R.L.

After returning to Canada, the appellants commenced an action seeking damages arising out of the accident. The respondents moved to dismiss or stay the action against them for want of jurisdiction. The motion judge dismissed the motion. The respondents appealed to the Ontario Court of Appeal. A majority of the court found that there was no Ontario contract connecting the dispute to Ontario and allowed the appeal, staying the appellants’ action.

Lower Court Rulings