FavoriteLoadingSave to briefcase | Rating: | By (2017)

  • PrintEmail Link
  • Viewed 15 times | Saved to 41 briefcases
Colavecchia v. Berkeley Hotel 2012 ONSC 4747


P slipped and fell in a hotel in UK. P booked trip in Ontario through credit card rewards program. D dismissed for not having jurisdiction.


Is booking a trip from a jurisdiction sufficient to establish a sufficient connect with that jurisdiction.


No, not if the booking is done through a third party that is really the one with a contract with D.


The courts of Ontario will have jurisdiction on the basis of objective factors that connect the legal situation or the subject matter of the litigation with the forum: Van Breda v. Village Resorts Ltd
-(a) the defendant is domiciled or resident in the province;
--D is neither of these things
-(b) the defendant carries on business in the province;
--the Hotel does not have an office or employees in Ontario. There is no evidence that it markets specifically to Ontario residents.
--Being on the internet is insufficient
-(c) the tort was committed in the province; and
-(d) a contract connected with the dispute was made in the province.
--The contract was between P and TD Visa only. TD Visa had a separate contract with D.
--If there was any contract with the hotel, it was formed when they checked in and were not in Ontario

None of these factors applied.
-The Supreme Court in Van Breda very specifically rejected damages as a presumptive connecting factor (para. 89) (overturned Noble)
-The Supreme Court commented at paragraph 87 that active advertising in the jurisdiction or access to a website would not be enough to establish that a defendant was carrying on business. (overturned Sidlofsky)


D won.

Leave a Comment

You must be logged in to participate.

This document is a general discussion of certain legal and related issues and must not be relied upon as legal advice. This document may not have been written or reviewed by a legal practitioner. For more information, please see the website Terms of Service.