Case information
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40696
Duncan Sinclair, et al. v. Venezia Turismo, Venice Limousine S.R.L, Narduzzi E Solemar S.L.R.
(Ontario) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2024-11-20 | Transcript received | |
| 2024-11-07 | Judgment reserved OR rendered with reasons to follow | |
| 2024-11-07 | Hearing of the appeal, 2024-11-07, CJ Ka Côt Row Mar Kas Ja Ob Mor | |
| 2024-11-06 | Intervener's condensed book, (Book Form), (Printed version filed on 2024-11-07) | British Columbia Chamber of Commerce |
| 2024-11-05 | Intervener's condensed book, (Book Form), (Printed version filed on 2024-11-05) | Ontario Trial Lawyers Association |
| 2024-11-04 | Intervener's condensed book, (Book Form), (Printed version filed on 2024-11-05) | Corporate Accountability Lab, NFP |
| 2024-11-04 | Respondent's condensed book, (Book Form), (Printed version filed on 2024-11-05) | Venezia Turismo, Venice Limousine S.R.L, Narduzzi E Solemar S.L.R. |
| 2024-11-04 | Appellant's condensed book, (Book Form), (Printed version filed on 2024-11-04) | Duncan Sinclair |
| 2024-10-11 |
Notice of appearance, Chris G. Paliare and Tina Lie will appear before the Court. Tina Lie will present oral argument. |
Ontario Trial Lawyers Association |
| 2024-10-08 |
Notice of appearance, Neil Paris and Zachary Parrott will appear before the Court. Neil Paris and Zachary Parrott will present oral argument. , (Printed version filed on 2024-10-10) |
Duncan Sinclair |
| 2024-10-07 |
Notice of appearance, David Zuber and Patrick Essig will appear before the Court. David Zuber will present oral argument. Four requested seats |
Venezia Turismo, Venice Limousine S.R.L, Narduzzi E Solemar S.L.R. |
| 2024-10-02 | Notice of appearance, (Letter Form), Aubin Calvert, Tom Posyniak, and Layne Hellrung will appear before the Court. Aubin Calvert will be presenting oral argument., (Printed version due on 2024-10-09) | British Columbia Chamber of Commerce |
| 2024-10-02 | Correspondence received from, (Letter Form), Change of address for counsel, (Printed version due on 2024-10-09) | Corporate Accountability Lab, NFP |
| 2024-10-02 | Notice of appearance, (Letter Form), Hassan M. Ahmad AND Saad Gaya will appear before the Court. Massan M. Ahmad will be presenting oral arguments. , (Printed version due on 2024-10-09) | Corporate Accountability Lab, NFP |
| 2024-10-01 |
Notice of appearance, (Letter Form), Amended version required David Zuber and Patrick Essig will appear before the Court. David Zuber and Patrick Essig will present oral arguments. Requested 6 reserved seats. , (Printed version due on 2024-10-08) |
Venezia Turismo, Venice Limousine S.R.L, Narduzzi E Solemar S.L.R. |
| 2024-07-29 | Notice of change of counsel, (Letter Form), Paris & Company, counsel for the Appellants, Duncan Sinclair and Michelle Sinclair have changed their firm name to Paris & Sayer LLP, (Printed version filed on 2024-08-01) | Duncan Sinclair |
| 2024-07-29 |
Reply factum on appeal, (Book Form), Missing: - Proof of service (Rec'd 2024-07-30), Completed on: 2024-07-30, (Printed version filed on 2024-07-29) |
Duncan Sinclair |
| 2024-07-22 | Intervener's factum, (Book Form), Completed on: 2024-07-22, (Printed version filed on 2024-07-22) | Ontario Trial Lawyers Association |
| 2024-07-19 | Intervener's book of authorities, (Book Form), Completed on: 2024-07-22, (Printed version filed on 2024-07-22) | Corporate Accountability Lab, NFP |
| 2024-07-19 | Intervener's factum, (Book Form), Completed on: 2024-07-22, (Printed version filed on 2024-07-22) | Corporate Accountability Lab, NFP |
| 2024-07-19 | Intervener's book of authorities, (Book Form), Completed on: 2024-07-22, (Printed version filed on 2024-07-22) | British Columbia Chamber of Commerce |
| 2024-07-19 | Intervener's factum, (Book Form), Completed on: 2024-07-22, (Printed version filed on 2024-07-22) | British Columbia Chamber of Commerce |
| 2024-07-09 | Notice of hearing sent to parties | |
| 2024-07-09 | Appeal hearing scheduled, 2024-11-07 | |
| 2024-06-21 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2024-06-10 | Order on motion for leave to intervene, by JUSTICE KARAKATSANIS | |
| 2024-06-10 |
Decision on the motion for leave to intervene, Ka, UPON APPLICATIONS by the Corporate Accountability Lab, the British Columbia Chamber of Commerce and the Ontario Trial Lawyers Association for leave to intervene in the above appeal; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motions for leave to intervene are granted. The three (3) interveners shall be entitled to each serve and file a single factum, not to exceed ten (10) pages in length, and a book of authorities, if any, on or before July 22, 2024. The three (3) interveners are granted permission to present oral arguments not exceeding five (5) minutes each at the hearing of the appeal. The appellants are granted permission to serve and file a single factum in reply to all interventions, not to exceed five (5) pages in length, on or before July 29, 2024. The interveners are not entitled to raise new issues or to adduce further evidence or otherwise to supplement the record of the appellants and the respondents. Pursuant to Rule 59(1)(a) of the Rules of the Supreme Court of Canada, the interveners shall pay to the appellants and the respondents any additional disbursements resulting from their interventions. Judgment accordingly |
|
| 2024-06-10 | Submission of motion for leave to intervene, Ka | |
| 2024-05-31 | Certificate of counsel (attesting to record), (Letter Form), (Printed version filed on 2024-06-03) | Venezia Turismo, Venice Limousine S.R.L, Narduzzi E Solemar S.L.R. |
| 2024-05-31 | Respondent's book of authorities, (Book Form), Completed on: 2024-06-06, (Printed version due on 2024-06-07) | Venezia Turismo, Venice Limousine S.R.L, Narduzzi E Solemar S.L.R. |
| 2024-05-31 | Respondent's record, (Book Form), Completed on: 2024-06-06, (Printed version filed on 2024-06-03) | Venezia Turismo, Venice Limousine S.R.L, Narduzzi E Solemar S.L.R. |
| 2024-05-31 | Respondent's factum, (Book Form), Completed on: 2024-06-06, (Printed version filed on 2024-06-03) | Venezia Turismo, Venice Limousine S.R.L, Narduzzi E Solemar S.L.R. |
| 2024-05-14 | Response to the motion for leave to intervene, (Letter Form), Completed on: 2024-05-20, (Printed version filed on 2024-05-22) | Duncan Sinclair |
| 2024-05-06 | Notice of name | Ontario Trial Lawyers Association |
| 2024-05-06 | Motion for leave to intervene, (Book Form), ., Completed on: 2024-05-09, (Printed version filed on 2024-05-06) | Ontario Trial Lawyers Association |
| 2024-05-06 | Notice of name | British Columbia Chamber of Commerce |
| 2024-05-06 | Intervener's book of authorities, (Book Form), Completed on: 2024-05-08, (Printed version filed on 2024-05-06) | British Columbia Chamber of Commerce |
| 2024-05-06 | Motion for leave to intervene, (Book Form), Completed on: 2024-05-17, (Printed version filed on 2024-05-06) | British Columbia Chamber of Commerce |
| 2024-05-06 | Notice of name | Corporate Accountability Lab, NFP |
| 2024-05-06 | Motion for leave to intervene, (Book Form), Filing Fee missing (Rec'd 2024-05-23), Completed on: 2024-05-24, (Printed version due on 2024-05-13) | Corporate Accountability Lab, NFP |
| 2024-04-08 | Certificate of counsel (attesting to record), (Letter Form), (Printed version filed on 2024-04-08) | Duncan Sinclair |
| 2024-04-08 | Appellant's record, (Book Form), (3 volumes), Completed on: 2024-04-08, (Printed version filed on 2024-04-08) | Duncan Sinclair |
| 2024-04-08 | Appellant's factum, (Book Form), Completed on: 2024-04-08, (Printed version filed on 2024-04-08) | Duncan Sinclair |
| 2024-02-12 | Notice of appeal, (Letter Form), Completed on: 2024-02-14, (Printed version filed on 2024-02-12) | Duncan Sinclair |
| 2024-01-11 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2024-01-11 | Judgment on leave sent to the parties | |
| 2024-01-11 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number C69847, 2023 ONCA 142, dated March 2, 2023, is granted with costs in the cause. Granted, with costs in the cause |
|
| 2023-11-27 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2023-08-14 | Correspondence received from, CA Order, (Printed version filed on 2023-08-15) | Duncan Sinclair |
| 2023-05-31 | Notice of name, (Letter Form), (3 volumes), (Printed version filed on 2023-06-02) | Venezia Turismo, Venice Limousine S.R.L, Narduzzi E Solemar S.L.R. |
| 2023-05-31 | Certificate (on limitations to public access), (Letter Form), Form 23A, (Printed version filed on 2023-06-02) | Venezia Turismo, Venice Limousine S.R.L, Narduzzi E Solemar S.L.R. |
| 2023-05-30 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2023-06-02, (Printed version filed on 2023-06-02) | Venezia Turismo, Venice Limousine S.R.L, Narduzzi E Solemar S.L.R. |
| 2023-05-02 | Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order, File opened on May 2nd 2023 | |
| 2023-05-01 | Certificate (on limitations to public access), Form 23A, (Printed version filed on 2023-05-01) | Duncan Sinclair |
| 2023-05-01 |
Application for leave to appeal, (Book Form), Missing: -Amended notice of application (indicating the correct CA order date) rec'd 2023-05-17 -Court of Appeal Court order (Draft order rec'd 2023-05-15, rec'd 14-8-2023), Completed on: 2023-08-15, (Printed version filed on 2023-05-01) |
Duncan Sinclair |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Sinclair, Duncan | Appellant | Active |
| Sinclair, Michelle | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Venezia Turismo, Venice Limousine S.R.L, Narduzzi E Solemar S.L.R. | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Corporate Accountability Lab, NFP | Intervener | Active |
| British Columbia Chamber of Commerce | Intervener | Active |
| Ontario Trial Lawyers Association | Intervener | Active |
Counsel
Party: Sinclair, Duncan
Counsel
Zachary Parrott
2450 - 161 Bay Street
Toronto, Ontario
M5J 2S1
Telephone: (416) 304-1717
FAX: (647) 931-4718
Email: nparis@parissayer.ca
Agent
World Exchange Plaza
100 Queen Street, suite 1300
Ottawa, Ontario
K1P 1J9
Telephone: (613) 787-3562
FAX: (613) 230-8842
Email: neffendi@blg.com
Party: Sinclair, Michelle
Counsel
Zachary Parrott
2450 - 161 Bay Street
Toronto, Ontario
M5J 2S1
Telephone: (416) 304-1717
FAX: (647) 931-4718
Email: nparis@parissayer.ca
Agent
World Exchange Plaza
100 Queen Street, suite 1300
Ottawa, Ontario
K1P 1J9
Telephone: (613) 787-3562
FAX: (613) 230-8842
Email: neffendi@blg.com
Party: Venezia Turismo, Venice Limousine S.R.L, Narduzzi E Solemar S.L.R.
Counsel
Patrick Essig
100 Simcoe Street
Suite 500
Toronto, Ontario
M5H 3G2
Telephone: (416) 362-5005
FAX: (416) 362-5289
Email: dzuber@zubco.com
Party: Corporate Accountability Lab, NFP
Counsel
Saad Gaya
Room 3045, Ignat Kaneff Building
4700 Keele Street
Toronto, Ontario
M3J 1P3
Telephone: (416) 736-8164
Email: hahmad@osgoode.yorku.ca
Agent
340 Gilmour Street
Suite 100
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: British Columbia Chamber of Commerce
Counsel
Aubin Calvert
Layne Hellrung
550 Burrard Street, Suite 2900
Vancouver, British Columbia
V6C 0A3
Telephone: (604) 631-3299
FAX: (604) 631-3232
Email: tposyniak@fasken.com
Agent
55 rue Metcalfe
Bureau 1300
Ottawa, Ontario
K1P 6L5
Telephone: (613) 696-6904
FAX: (613) 230-6423
Email: sarseneault@fasken.com
Party: Ontario Trial Lawyers Association
Counsel
Tina H. Lie
155 Wellington Street West
35th Floor
Toronto, Ontario
M5V 3H1
Telephone: (416) 646-4318
FAX: (416) 646-4301
Email: chris.paliare@paliareroland.com
Agent
411 Roosevelt Avenue, suite 400
Ottawa, Ontario
K2A 3X9
Telephone: (613) 780-2026
FAX: (613) 688-0271
Email: dtaylor@conwaylitigation.ca
Summary
Keywords
Private international law — Jurisdiction — Presumptive connecting factors — Whether the court below failed to identify the operative contracts — Was the majority right to overturn the motion judge’s finding of a connection with an Ontario contract — Was the Court of Appeal right to rule that the connection was rebutted?<br>
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
The appellants, Duncan and Michelle Sinclair, and their son were on a European holiday and were injured in an accident in Venice, Italy. They were passengers on a water taxi that crashed into a wooden structure. The appellants were both injured.
The appellants had arranged their travels through Amex Canada Inc., operating under the name Centurion Travel Service which engages third-party travel suppliers for the provision of travel services such as car services, flights and hotel accommodations, at the request and on behalf of Centurion Card members. The day before flying to Venice, Mr. Sinclair booked transportation from the airport in Venice to their hotel, which included a water taxi ride. The water taxi was dispatched by the respondent, Venizia Turismo, and owned by the respondent, Venice Limousine S.R.L.
After returning to Canada, the appellants commenced an action seeking damages arising out of the accident. The respondents moved to dismiss or stay the action against them for want of jurisdiction. The motion judge dismissed the motion. The respondents appealed to the Ontario Court of Appeal. A majority of the court found that there was no Ontario contract connecting the dispute to Ontario and allowed the appeal, staying the appellants’ action.
Lower court rulings
Ontario Superior Court of Justice
2021 ONSC 5658, CV-19-620198
Respondents’ motion to dismiss the applicants’ action dismissed
Court of Appeal for Ontario
2023 ONCA 142, C69847
Appeal allowed; action stayed against respondents
Memorandums of argument on application for leave to appeal
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Factums on appeal
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
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