The plaintiffs, Ontario residents, were injured during a shore excursion in Grenada while on a Caribbean cruise.
They sued the Canadian tour operator, the American cruise line, and the Grenadian excursion provider and driver in Ontario.
The Grenadian defendants brought a motion to stay the action against them on the basis that Ontario lacked jurisdiction.
The Court of Appeal applied the real and substantial connection test and held that Ontario courts could not assume jurisdiction over the Grenadian defendants, as they had no connection to Ontario and it would be unfair to require them to litigate there.
