The Ontario-resident plaintiffs purchased Mexican vacation packages from the defendant Sunwing in Ontario.
The plaintiffs suffered serious injuries in a bus accident in Mexico caused by the negligence of the driver.
The bus was operated by Best Day, a Mexican company contracted by Sunwing.
Best Day entered into indemnity agreements with Sunwing agreeing to Ontario jurisdiction.
The plaintiffs sued Sunwing and Best Day in Ontario.
Best Day moved to dismiss or stay the action for lack of jurisdiction and forum non conveniens.
The motion judge dismissed the motion.
The Court of Appeal dismissed Best Day's appeal, finding a real and substantial connection to Ontario and that Ontario was the convenient forum.
