The Canadian Bar Insurance Association

Canadian plaintiff injured abroad? You best get packing!

By Jon-David Giacomelli

Since the Supreme Court of Canada’s ruling in Club Resorts Ltd. v. Van Breda, [2012] 1 S.C.R. 572, more and more Canadian plaintiffs have found themselves in the unfortunate position of having to seek remedies in the foreign jurisdiction in which they sustained personal injuries. Most recently, in the case of Haufler (Litigation Guardian of) v. Hotel Riu Palace Cabo San Lucas, 2013 ONSC 6044, the Ontario Superior Court of Justice held that an Ontario resident who is injured on an ATV excursion while staying at a Mexico hotel would have to seek her remedy in Mexico. In this, the most recent in a spate of cases foisting Canadian plaintiffs abroad for justice, Quigley J. rejected the plaintiff’s argument that the Ontario Superior Court of Justice had jurisdiction over the dispute on the basis that the hotel in question effectively carried on business in Ontario. Read More at Cambridge LLP Blog

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