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Colavecchia v. Berkeley Hotel 2012 ONSC 4747

Facts:

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.

Issue(s):

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

Ratio:

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

Analysis:

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)

Holding:

D won.


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