Knowing When an Ottawa Injury Lawyer Can Make Your Case for Injuries while Travelling
Whether it's a trip you've saved up for years to make, or your semi-annual vacation in a warm, tropical destination, you want it to go well. After all, it's your vacation-it should be special. Unfortunately, things don't go always go as planned. Sometimes it's a minor thing, like car trouble, getting lost in a strange city, or missing a specific activity you really wanted to participate it. Sometimes, though, it's worse, and you consider involving an Ottawa injury lawyer.
An accident abroad is never an easy thing to deal with, whether it's in another province, or in another country all together. The matter is further complicated by the difficulties around pursing legal action against an at-fault party that doesn't reside in the same province as you do. Before recently, many cases levelled against foreign resorts and properties for negligence were prevented from being heard in a provincial court in Canada.
In 2012, however, the Supreme Court of Canada made a decision in Club Resorts Ltd. v. Van Breda. The case revolved around two unrelated incidents in Cuban resorts; one resulted in a grievous injury, and the other resulted in a death. The decision of the Supreme Court gave injury lawyers in Ottawa and across the province the power to take more cases to the court, by outlining a series of criteria that would allow a case to be heard in a provincial court. According to the decision, one of the following four conditions must be met for a case to be heard in Ontario:
- The defendant (at-fault party) has a domicile in or resides in Ontario
The defendant carries on business in Ontario
The tort or incident for which they are at fault occurred in Ontario
A contract connected to the dispute was made in Ontario
If you are injured abroad as a result of the negligence of another, and you are certain that the injury meets one of the above conditions (for obvious reasons, the third condition does not apply to injuries abroad), then you can immediately contact an Ottawa injury lawyer to bring your case before a provincial court. If you're not certain, try to answer the following questions:
- Did the incident happen on a resort?
If it did, does the resort have locations in your home province?
Alternatively, did you book the resort through a travel agency in the province? (This would count as the fourth condition being met)
Alternatively, did the incident happen in a business chain that also operates in your home province?
Even if these conditions are not met, there are occasional, exceptional cases which may still be heard in Ontario. Another way to help ensure you are well-protected while abroad is by purchasing traveller's insurance, or by making sure that your own insurance plan covers incidents while travelling. While it is possible to conduct a lawsuit in the country where your injury happened, it is also very difficult. If you have any doubts or questions about whether or not a case can be made in Ontario, contact an Ottawa injury lawyer immediately.