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Toews v First Choice Canada Inc., 2014 ABQB 784

Facts:

P booked an online vacation, when they got to the hotel P consumed an unmarked bottle of clear fluid that turned out to be a cleaning product but looked like a bottle of water.

Issue(s):

Must a contract be formed in a place to create a presumptive connection with it?

Ratio:

No, it is sufficient that a tort be connected to a contract formed elsewhere to have a presumptive connection with that place.

Analysis:

-The contract with the hotel was formed on check-in in Mexico
-The contract with the booking company, formed from a computer in Edmonton is subject to Alberta law, despite the fact that it specifies Ontario laws will prevail because of an agreement the booking company is party to
-“The Colavecchia case is not binding on this Court. It appears to take a narrower view of the Van Breda principles than other Canadian court decisions.”
--It too narrowly focuses on the formation of the contract, when there need only be a substantial connection with that contract
--In Van Breda, the tort was similarly just connected to the employment contract of P, arising out of it but not taking place within it so to speak.

Holding:

P won.


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