2 total
Appeal allowed; Ontario court lacks jurisdiction over foreign defendants in Italian water taxi accident.
The respondents were injured in a water taxi accident in Venice, Italy, and sued the foreign water taxi operators in Ontario, relying on their travel booking contract with Amex Canada to establish jurisdiction.
The motion judge found that the Ontario court had jurisdiction based on the fourth presumptive connecting factor from Van Breda (a contract connected with the dispute was made in the province).
The Court of Appeal allowed the appeal, holding that even if the presumptive connecting factor was established, the foreign appellants successfully rebutted it because the Ontario contract had little or nothing to do with the subject matter of the litigation against them.
Ex parte Norwich Pharmacal order granted to identify anonymous users making racist threats and doxxing employees.
The applicants, a video game company and two of its employees, brought an urgent ex parte motion for a Norwich Pharmacal order against the respondent telecommunications provider.
The employees had been subjected to severe online harassment, doxxing, and racist threats by anonymous individuals using the respondent's services.
The court granted the order without notice to the respondent, finding that the respondent's policy of notifying customers about such requests could lead to further serious harm, including 'swatting'.
The court held that the test for a Norwich order was met, as the discovery was necessary to identify the wrongdoers for potential legal or police action.
