A vacation should be a time to relax and make memories, not deal with the aftermath of an injury caused by someone else’s negligence or wrongdoing.
If you or a loved one is hurt while travelling outside Canada, you may wonder if you can bring a personal injury lawsuit in Ontario. The answer depends on whether Ontario courts have jurisdiction the legal authority—called “jurisdiction”—to hear your case.
Here’s what you need to know about suing in Ontario for injuries that happen abroad.
Can You Sue in Ontario for an Injury That Happened Abroad?
Ontario courts follow a legal test to decide if they can hear a case about an injury that happened in another country. This test comes from a leading Supreme Court of Canada decision on jurisdiction in personal injury cases and is all about whether there’s a “real and substantial connection” between your case and Ontario.
To decide if this connection exists, courts look for certain factors, including:
- Whether the person or company you want to sue is based in Ontario.
- Whether they do business in Ontario (for example, a travel company or tour operator with offices or marketing here in Ontario).
- Whether the injury or negligent act happened in Ontario (which is rare for vacation injuries abroad).
- Whether a contract related to your trip (such as booking your vacation package) was made in Ontario.
If at least one of these factors applies, Ontario courts may be able to hear your case. However, the connection must be meaningful. The court will look at the specific facts of your situation and the role of each party involved.
Examples: When Ontario Courts Will and Won’t Take a Personal Injury Claim for Injuries Abroad
When Ontario Courts May Take Your Case For an Abroad Injury Claim:
If you booked your vacation through a travel company or tour operator that is based in Ontario, or if you made your booking here, there’s a good chance Ontario courts will find a real connection. For example, if you were injured during an excursion that was part of a package you purchased from an Ontario company, you may be able to sue that company in Ontario—even if the injury happened abroad.
When Ontario Courts May Not Take Your Case For an Abroad Injury Claim:
If the person or company responsible for your injury has no real presence in Ontario—such as a foreign hotel or excursion operator with no business ties here—the court may decide it doesn’t have jurisdiction. Even if you booked your trip through an Ontario travel agent, you may not be able to sue a foreign company in Ontario unless there’s a direct connection between them and your booking or the injury.
It’s also important to know that each defendant is considered separately. Just because you can sue one party in Ontario doesn’t mean you can automatically sue everyone involved in the incident here.
Understanding Your Rights: Filing a Vacation Injury Claim in Ontario
If you’ve been injured while on vacation outside Canada, don’t assume you have to pursue your claim in a foreign country. Ontario courts can and do hear cases involving injuries abroad, especially when Ontario-based companies are involved in arranging your travel or excursions. However, these cases can be complex, and whether Ontario courts can take your case depends on the specific connections between your situation and Ontario.
If you’re unsure about your rights or where you can bring your claim, it’s important to speak with a personal injury lawyer experienced in cross-border cases. We can help you understand your options and guide you through the process of seeking compensation for your injuries, no matter where they occurred.
