The plaintiff, an Ontario resident, was injured during an ATV excursion while on vacation in Mexico.
She brought an action in Ontario against the operator of the excursion and the hotel where she was staying.
The hotel brought a motion to stay the action on the basis that the Ontario court lacked jurisdiction.
The court applied the Van Breda test and found that none of the presumptive connecting factors were present, specifically concluding that the hotel did not carry on business in Ontario either directly or through an agent.
The motion to stay the action was granted.
