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ARTICLE · 12 AUGUST 2025

Supreme Court Of Canada Splits On Test For Assuming Jurisdiction

Osler, Hoskin & Harcourt LLP
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On July 31, 2025, the Supreme Court of Canada released its much-anticipated decision in Sinclair v. Venezia Turismo.

CanadaLitigation, Mediation & Arbitration
W. David Rankin
W. David Rankin
Ankita Gupta
Ankita Gupta
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On July 31, 2025, the Supreme Court of Canada released its much-anticipated decision in Sinclair v. Venezia Turismo. The case has significant implications for the ability of Canadian courts to assume jurisdiction over foreign defendants under the "real and substantial connection" test. The decision provides guidance where the jurisdictional connection is alleged to be a contract made in the province, leaving open important questions for future cases.

Background

Mr. Sinclair held a premium American Express (Amex) Centurion card, which provided him with access to a concierge and travel agent service operated by Amex Canada. In July 2017, Mr. Sinclair booked a European holiday through Amex Canada, including a visit to Venice. While in Venice, he contacted the Amex concierge to arrange transportation from Venice's airport to their hotel, including a water taxi ride. The arrangements were made through a chain of service providers. Amex Canada contacted a third-party

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