Home Firm Overview News Events Careers Pro Bono Expertise Cross Border Litigation Arbitration Busine

Home Firm Overview News Events Careers Pro Bono Expertise Cross Border Litigation Arbitration Business Litigation Debt Collection Law Estates, Trusts Wealth Planning Immigration Our Team Seminars Continuing Legal Education Publications Business Litigation Canadian Debt Collection Law Bulletin Cross Border Litigation Arbitration Estates, Trusts Wealth Planning Hamilton Law Association Journal Immigration Blog Contact Toronto Burlington Ottawa
In Colavecchia airline free tickets et. al. v. The Berkeley Hotel Limited , Justice airline free tickets Goldstein of the Ontario Superior Court of Justice dismissed an Ontario airline free tickets personal injury action against a London, England based boutique hotel on the basis of lack of jurisdiction.  The case was reported in the December 14, 2012 version of the Ontario Reports  112 O.R. (3d) 287 (S.C.J.).
Yet another case where a vacation turns into a nightmare for Ontario residents injured abroad.  In the Colavecchia case, an Ontario man was injured when he slipped and fell in the bathroom of a posh London boutique hotel, the Berkeley.  He and his wife immediately returned to Ontario, cutting their brief vacation short.  The male plaintiff was initially treated at a London hospital, before returning home to receive further treatment.
This is an interesting case as it tests the limits of the presumptive jurisdictional factors set out by the Supreme Court of Canada in leading Canadian case dealing with the issue of jurisdiction:  Club Resorts Ltd. v. Van Breda [2012] S.C.J. no. 17.  In the Colavecchia   case the injured plaintiff s wife had booked a room in the Berkeley hotel using the couples TD Visa Travel Reward points.  The booking had been made by computer on the TD Visa Travel Rewards website.  Other than this booking from a computer in Ontario on a website airline free tickets related to a Canadian Bank, there were really no connections between the Ontario Jurisdiction and the subject matter of the Action.
Justice airline free tickets Goldstein found that none of these factors applied to the facts in the Colavecchia case.  Specifically, he rejected the Plaintiffs argument that the defendant hotel carries on business in the province of Ontario .  Relevant to this determination were the following observations: 1.  the hotel had only one location: London, England, with no office or location in Ontario; 2. there was no evidence that hotel employees regularly visited Ontario or that the hotel engaged in marketing targeted to Ontario residents 3. the hotel was only one of many hotels that came up on the TD Visa Travel Rewards website. 4. the website was nothing more than a search engine for those wanting to use their Travel Rewards points.  The Court held that, At best, TD Visa Travel Rewards is merely a booking agent of the hotel and that that is [not] enough to create the principle-agent relationship that the plaintiffs suggest .  Justice Goldstein summarized his dismissal of the Plaintiffs argument in this regard by commenting that, Since the Web is everywhere, on the plaintiff s theory, every hotel in the world that can be booked through the Web does business everywhere.
Similarly, the court rejected the Plaintiffs argument that there was a ..Contract Connected with the Dispute Made in Ontario .  The essence of the argument was that, in logging into the TD Travel Rewards website, the Plaintiff made a contract with the Hotel in Ontario.  The direct reading of the electronic invoice suggested that the plaintiffs had merely made a contract with TD for TD to make a booking with the Hotel.  There was no connection or negotiation between the Hotel and the plaintiffs until check in London.
In conclusion Justice airline free tickets Goldstein noted that this was not a contract case but, a classic action for negligence airline free tickets .  In the result, the case was dismissed and the Plaintiffs were left to consider launching the case anew in the U.K..
Home Firm Overview News Events Careers Pro Bono Expertise Cross Border Litigation Arbitration Business Litigation Debt Collection Law Estates, Trusts Wealth Planning Immigration Our Team Seminars Continuing Legal Education Publications airline free tickets Business Litigation Canadian Debt Collection Law Bulletin Cross Border Litigation Arbitration Estates, Trusts Wealth Planning Hamilton Law Association Journal Immigration Blog Contact Toronto Burlington Ottawa
airline free tickets