In November 2017,
we blogged about a decision of the Ontario Court of Appeal in
Airia Brands Inc. v. Air Canada, 2017 ONCA 792, where it was held that courts
in Ontario can have jurisdiction over absent foreign claimants
("AFCs"). AFCs are an opt-out class of individuals who
are not present in Canada and have taken no steps to indicate their
consent to a Canadian jurisdiction.
At first instance, the Superior Court of Justice granted the
defendants' motion for a declaration that Ontario did not have
jurisdiction over AFCs. The Court of Appeal reversed Justice
Leitch's decision and created a new framework for determining
when a provincial superior court can establish jurisdiction over
AFCs. Writing for the court, Justice Pepall held that the Ontario
Superior Court has jurisdiction over AFCs where:
