Connections Matter: BCCA Affirms Jurisdiction Over Foreign Entities Operating Virtually In The Province

The British Columbia Court of Appeal (BCCA) recently confirmed the British Columbia courts’ jurisdictional competence over foreign litigants that conduct business virtually with British Columbians. In Airbnb, Inc. v. Ware, the BCCA partially allowed Airbnb’s appeal of certification, finding that the real and substantial connection analysis cannot be based solely on a foreign entity’s relationship to other defendants or ancillary activities. In Clearview AI Inc. v. British Columbia (Information and Privacy Commissioner), the BCCA held that provincial privacy law applies to foreign businesses that operate online.

Airbnb, Inc. v. Ware

In Airbnb, Inc. v. Ware, the plaintiff sought certification of a class proceeding against multiple Airbnb group entities, alleging that they were statutorily prohibited from offering short-term accommodation rentals. Two of the defendants — Airbnb, Inc. and Airbnb Canada Inc. — brought jurisdictional challenges, which the chambers judge dismissed and