The plaintiffs, Ontario residents, purchased a package holiday that included a cruise and a shore excursion in Grenada.
During the excursion, the plaintiff suffered carbon monoxide poisoning in a vehicle operated by the Grenadian defendants.
The plaintiffs sued the tour operators and the Grenadian defendants in Ontario.
The Grenadian defendants moved to stay the proceedings, arguing Ontario lacked jurisdiction simpliciter and was not the convenient forum.
The motions judge dismissed the motion.
On appeal, the Divisional Court upheld the decision, finding a real and substantial connection between Ontario and the subject matter of the action, and that Ontario was the most convenient forum.
