36:
322:, the burden is on him or her to show why the court should decline to exercise its jurisdiction and displace the forum chosen by the plaintiff. Ultimately, the decision falls within the reasoned discretion of the trial court. This exercise of discretion will be entitled to deference from higher courts, absent an error of law or a clear and serious error in the determination of relevant facts which takes place at an interlocutory or preliminary stage.
251:
test as an appropriate common law conflicts rule for the assumption of jurisdiction. In determining whether a court can assume jurisdiction over a certain claim, the preferred approach in Canada has been to rely on a set of specific factors which are given presumptive effect, as opposed to a regime
481:
also confirms that foreign companies that reside, conduct business or enter into agreements in a
Canadian province will be subject to its jurisdiction, unless they can rebut the presumption of a real and substantial connection to the Canadian jurisdiction, or include exclusive forum or arbitration
313:
A clear distinction must be drawn between the existence and the exercise of jurisdiction. Once jurisdiction is established, if the defendant does not raise further objections, the litigation proceeds before the court of the forum. The court cannot decline to exercise its jurisdiction unless the
283:
The list above is not an exhaustive one. In identifying new presumptive factors, a court should look to connections that give rise to a relationship with the forum that is similar in nature to the ones which result from the listed factors. Relevant considerations include:
255:
Jurisdiction must be established primarily on the basis of objective factors that connect the legal situation or the subject matter of the litigation with the forum. In a case concerning a tort, the following factors are presumptive connecting factors that,
474:
The determination of whether an entity is carrying on a business in a
Canadian jurisdiction is also impacted, as the SCC expressed a preference for a physical presence, as opposed to a virtual presence. This may need to be explored further in future cases.
656:
232:
In both cases, the judges at first instance held that
Ontario courts did have jurisdiction, and that an Ontario court was the more appropriate forum. The two cases were heard together by the
349:
issues related to the fairness to the parties and to the efficient disposition of the claim must be considered, as a trial held in Cuba would present serious challenges to the parties.
471:
to
Canadian courts may increase as a result. In addition, the question of which substantive law should be applied in multijurisdictional claims has been left unresolved.
204:, and Charron died while scuba diving there. Actions were brought in Ontario against a number of parties, including Club Resorts Ltd., a company incorporated in the
664:
696:
631:
467:
In both of these cases, the
Ontario court was determined to be the most appropriate forum as well. This has raised the concern that the incidence of
701:
404:
126:, the burden is on him or her to show why the court should decline to exercise its jurisdiction and displace the forum chosen by the plaintiff.
318:. The decision to raise this doctrine rests with the parties, not with the court seized of the claim. If a defendant raises an issue of
122:. The decision to raise this doctrine rests with the parties, not with the court seized of the claim. If a defendant raises an issue of
711:
706:
691:
531:
605:
601:
248:
181:
635:
397:
builds upon the jurisprudence the SCC has established in this matter, which includes the previous rulings issued in:
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was immediately applied to two other judgments handed down by the SCC on the same day, which were concerned with
300:
91:
87:
716:
580:
560:
499:
429:
233:
177:
79:
41:
657:"Restraining the long arm of Ontario courts: Supreme Court of Canada clarifies private international law"
236:, where the appeals were both dismissed. Both were subsequently appealed to the Supreme Court of Canada.
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In separate cases, two individuals were injured while on vacation outside of Canada. Van Breda suffered
518:
83:
35:
588:
568:
507:
222:
118:
197:
386:
Therefore, considerations of fairness to the parties weighed heavily in favour of the plaintiffs.
411:
419:
584:
564:
503:
539:
185:
609:
380:
Club
Resorts failed to show that a Cuban court would clearly be a more appropriate forum
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Club
Resorts failed to show that a Cuban court would clearly be a more appropriate forum
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Similarity of the connecting factor with the recognized presumptive connecting factors;
205:
685:
468:
184:
in the assumption of civil jurisdiction by
Canadian courts in matters concerning the
57:
660:
632:"Supreme Court of Canada Revamps the Test for Jurisdiction over Foreign Defendants"
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The court cannot decline to exercise its jurisdiction unless the defendant invokes
165:
Binnie and
Charron JJ. took no part in the consideration or decision of the case.
258:
220:
a Cuban court would be a more appropriate forum on the basis of the doctrine of
602:"Supreme Court Clarifies Law of Assumed Jurisdiction Over Foreign Defendants"
371:
its activities in
Ontario went well beyond promoting a brand and advertising
252:
based on an exercise of almost pure and individualized judicial discretion.
630:
Larry Lowenstein; Andrea Laing; Mary Paterson; Robert Carson (2012-04-19).
600:
Paul B. Schabas; Ryder L. Gilliland; Erin Hoult; Max Shapiro (2012-04-19).
147:
Binnie, LeBel, Deschamps, Fish, Abella, Charron, Rothstein and Cromwell JJ.
303:
of other legal systems with a shared commitment to order, fairness and
377:
Club Resorts failed to rebut the resulting presumption of jurisdiction
343:
Club Resorts failed to rebut the resulting presumption of jurisdiction
82:(O'Connor A.C.J.O. and Weiler, MacPherson, Sharpe and Rouleau JJ.A.),
304:
17:
16:"Club Resorts" redirects here. For resorts used by vacationers, see
443:
247:
Lebel J. observed that the case concerned the elaboration of the
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it benefitted from the physical presence of an office in Ontario
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the Ontario courts lacked jurisdiction, and, in the alternative,
201:
277:
a contract connected with the dispute was made in the province.
211:
Club Resorts sought to block those proceedings, arguing that:
355:
Therefore, the Ontario court was the more appropriate venue.
208:, that managed the two hotels where the accidents occurred.
262:, entitle a court to assume jurisdiction over a dispute:
180:
that has brought greater certainty to the question of a
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the defendant is domiciled or resident in the province;
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Treatment of the connecting factor in statute law; and
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Treatment of the connecting factor in the case law;
156:
151:
143:
135:
130:
110:
102:
74:
66:
56:
49:
28:
368:Club Resorts was carrying on a business in Ontario
271:the defendant carries on business in the province;
432:to standardize the jurisprudence in this area in
244:In a 7-0 ruling, both appeals were dismissed.
8:
428:It also replaces a previous attempt by the
274:the tort was committed in the province; and
90:, and affirming a decision of Mulligan J.,
655:Robert Wisner; Laura Stefan (2012-04-19).
299:Treatment of the connecting factor in the
491:
453:Éditions Écosociété Inc. v. Banro Corp.
86:, affirming a decision of Pattillo J.,
536:, (2002), 60 O.R. (3d) 20 (Ont. C.A.)"
405:Morguard Investments Ltd. v. De Savoye
340:a contract was entered into in Ontario
96:Charron Estate v. Village Resorts Ltd.
25:
176:, 2012 SCC 17, is a decision of the
7:
519:SCC Case Information - Docket 33692
326:Application to the appeals at hand
14:
697:Canadian civil procedure case law
606:Blake, Cassels & Graydon LLP
34:
249:real and substantial connection
182:real and substantial connection
78:APPEALS from a judgment of the
240:At the Supreme Court of Canada
1:
702:Supreme Court of Canada cases
636:Osler, Hoskin & Harcourt
482:clauses in their contracts.
173:Club Resorts Ltd v Van Breda
29:Club Resorts Ltd v Van Breda
23:Supreme Court of Canada case
733:
15:
707:2012 in Canadian case law
692:Conflict of laws case law
301:private international law
164:
115:
92:2008 CanLII 53834 (ON SC)
88:2008 CanLII 32309 (ON SC)
33:
581:Supreme Court of Canada
561:Supreme Court of Canada
521:Supreme Court of Canada
500:Supreme Court of Canada
430:Ontario Court of Appeal
234:Ontario Court of Appeal
178:Supreme Court of Canada
80:Ontario Court of Appeal
42:Supreme Court of Canada
583:decision available at
563:decision available at
502:decision available at
712:Canada–Cuba relations
534:Muscutt v. Courcelles
434:Muscutt v. Courcelles
198:catastrophic injuries
320:forum non conveniens
316:forum non conveniens
223:forum non conveniens
157:Unanimous reasons by
124:forum non conveniens
119:forum non conveniens
52:Judgment: 2012-04-18
50:Hearing: 2011-03-21
412:Hunt v. T&N plc
314:defendant invokes
106:Appeals dismissed.
420:Beals v. Saldanha
169:
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676:
675:
673:
672:
663:. Archived from
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646:
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643:
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621:
620:
618:
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608:. Archived from
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591:
577:
571:
557:
551:
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547:
538:. Archived from
528:
522:
516:
510:
496:
459:Breeden v. Black
186:conflict of laws
131:Court membership
38:
26:
732:
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717:Tourism in Cuba
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144:Puisne Justices
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5:
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206:Cayman Islands
200:on a beach in
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145:
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139:McLachlin C.J.
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100:
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76:
72:
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68:
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31:
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9:
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2:
729:
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667:on 2012-11-06
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633:
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612:on 2012-07-21
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579:Full text of
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559:Full text of
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542:on 2012-09-04
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498:Full text of
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485:
483:
480:
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469:libel tourism
461:, 2012 SCC 19
460:
457:
455:, 2012 SCC 18
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152:Reasons given
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136:Chief Justice
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75:Prior history
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669:. Retrieved
665:the original
661:McMillan LLP
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639:. Retrieved
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610:the original
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84:2010 ONCA 84
62:2012 SCC 17
40:
259:prima facie
94:,(sub nom.
686:Categories
671:2012-04-19
641:2012-04-19
616:2012-04-19
546:2012-04-19
486:References
67:Docket No.
479:Van Breda
440:Van Breda
395:Van Breda
390:Aftermath
332:Van Breda
192:The facts
58:Citations
160:Lebel J.
360:Charron
358:In the
330:In the
111:Holding
589:CanLII
569:CanLII
508:CanLII
362:case:
334:case:
305:comity
103:Ruling
70:33692
18:Resort
585:LexUM
565:LexUM
504:LexUM
444:libel
587:and
567:and
506:and
202:Cuba
415:and
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659:.
634:.
604:.
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436:.
188:.
98:).
674:.
644:.
619:.
549:.
532:"
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20:.
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