Real And Substantial Connections And Beyond: Responding To Foreign Lawsuits And Challenging Jurisdiction

First presented at a Sports Liability Seminar

With the proliferation of e-commerce, the past decade has seen a significant increase in the development of "do-it-yourself" online travel booking. Business and leisure travellers alike turn to online travel agents on their computers and mobile devices to co-ordinate and make their travel arrangements. In turn, the increased ease in making travel arrangements has given rise to more travellers. In Canada, many families travel outside of their home province, or even outside of Canada, for winter ski trips or summer trips filled with water activities. With the increased frequency of such trips comes a corresponding increase in activity-related injuries. These can result in lawsuits for injuries sustained abroad. Managing where lawsuits may be commenced becomes a source of concern for those involved in the travel industry, such as resort and tour operators and their insurers. Ontario hotel and resort operators may therefore