In Sinclair v. Venezia Turismo, 2025 SCC 27, the Supreme Court of Canada has provided important guidance on when a Canadian court can assume jurisdiction over foreign defendants. Importantly, following Sinclair, a plaintiff wishing to sue multiple defendants in Canada must establish a real and substantial connection between the jurisdiction, the subject matter of the dispute and each defendant, not just the subject matter of the dispute as a whole.
Background
While vacationing in Italy with his family, the plaintiff, Mr. Sinclair, used his credit card company's travel agent service to book a water taxi. The travel agent, in turn, engaged a third-party travel provider, which arranged for the water taxi. The water taxi crashed with the Sinclairs aboard, and Mr. Sinclair was seriously injured. Mr. Sinclair brought an action in Ontario against his credit card company, the third-party travel arranger, the water taxi driver and the company that owned the water taxi.
In Club Resorts Ltd v. Van Breda, 2012 SCC 17, the Supreme Court held that a Canadian court can assume jurisdiction over a foreign defendant if there is a "real and substantial connection" between the dispute and the province where the claim is filed. The Van Breda test has two stages:
- Is there a "presumptive connecting factor" linking the dispute to the province?
- If so, is the presumed...
