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)