Dilkas v Red Seal Tours Inc. (Sunwing Vacations)
Dilkas v Red Seal Tours Inc. (Sunwing Vacations) 2010 ONCA 63, Released 4 October 2010
Jurisdiction – Forum Conveniens – Application of New Test Set out in Van Breda
This was an appeal from a decision dismissing a motion challenging jurisdiction of the Ontario court and the convenience of the Ontario forum. The plaintiffs brought an action in Ontario for damages against Sunwing and Best Day after suffering serious injuries in Mexico on a bus tour. Sunwing cross-claimed against Best Day for contribution and indemnity, primarily based on the indemnification agreement executed after the accident to deal with claims arising out of accident.
Best Day brought a motion challenging both...
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