Interprovincial Or International Claims: Where To Bring The Action

When can a Canadian court assume jurisdiction over a tort case that involves either interprovincial or international elements? The answer lies in whether the dispute has a "real and substantial connection" with the proposed forum, whether through the tort's location, the defendant's location, and/or whether a contract, formed in the province at issue, is connected with the dispute. A new decision from the Supreme Court of Canada – Sinclair v Venezia Turismo, 2025 SCC 27 (Sinclair) – expands on the last factor: what makes a contract connected with a dispute such that a court can assume jurisdiction over a common law tort claim.

Sinclair follows in the footsteps of Club Resorts Ltd v Van Breda, 2012 SCC 17 (Van Breda), the Supreme Court's leading case on jurisdiction simpliciter (i.e. territorial jurisdiction), in which the Court clarified that a strong link (a "real and substantial connection") is necessary between the claim, parties and forum.