Muscutt v. Courcelles (2002), 60 O.R. (3d) 20,  O.J. No. 2128, 213 D.L.R.
(4th) 577, 160 O.A.C. 1, 13 C.C.L. T. (3d) 161, 26 C.P.C. (5th) 206, 114 A.C.W.S.
(3d) 634 (C.A.)
Statutes referred to
Innkeepers Act, R.S.O. 1990, c. I.7
Authorities referred to
Fridman, G.H.L., The Law of Contract in Canada, 6th ed. (Toronto: Carswell,
MOTION to dismiss an action for lack of jurisdiction.
Michael A. Cohen, for plaintiffs.
Susan Keenan, for defendant.
 GOLDSTEIN J.: — The plaintiffs live in Toronto. In February
2011, they decided to book a short holiday in the United Kingdom. The plaintiff Christene DeGasperis, using her TD Visa
card, made a reservation online for the defendant, Berkeley
Hotel in London (the “hotel”), a very upscale establishment. On
October 26, 2011, the plaintiffs checked into the hotel. The next
day, the plaintiff Sandro Colavecchia, Ms. DeGasperis’ husband,
was injured when he slipped and fell in the bathroom of their
hotel room. Ms. DeGasperis called for a taxi and transported him
to a hospital, where he was treated for his injuries. The plaintiffs returned to Ontario the next day. Mr. Colavecchia has been
under the treatment of an Ontario doctor for the injuries he has
sustained. He is a chef. He runs his own catering business. He
claims that he has lost income and enjoyment of life as a result
of his injuries.
 The plaintiffs have sued the hotel in Ontario. The hotel has
not yet filed a defence. Instead, the hotel brings a motion to dismiss the action for lack of jurisdiction in the Superior Court of
Ontario. I agree that there is no real and substantial connection
with Ontario. Although it is not necessary for me to decide this
point, even had I found that there is jurisdiction in this court,
I would still have dismissed the action on the basis that the
United Kingdom is the proper forum for the litigation. Accordingly, the hotel’s motion is granted and the action is dismissed
for the reasons that follow.
 The courts of Ontario will have jurisdiction on the basis of
objective factors that connect the legal situation or the subject
matter of the litigation with the forum: Club Resorts Ltd. v.
Van Breda,  S.C.J. No. 17, 2012 SCC 17, at para. 82. The