January 27, 2017

Commercial Litigation Update: Alberta Court Of Appeal Finds That Claim For Injury At Mexican Resort Is Litigable In Alberta

The Alberta Court of Appeal has found that a claim for injury at Mexican resort will proceed in Alberta’s courts.  In this interesting case, the most important finding was that the vacation contracts were formed in Alberta.  See the short summary here:

The claim was about a severe injury suffered at the resort.  An Alberta woman drank a clear, odourless, liquid chemical from minibar. The bottle, from which she took only a few large gulps of what she believed was bottled water, actually contained a very caustic commercial chemical cleaner used to clean the shower tile grout.  The young lady suffered severe injuries, which required more than 80 surgeries to repair.

The legal result in this case is interesting, because it confirms that Alberta courts can hear claims for injuries suffered outside of Alberta, and even outside of Canada, where there is a clear contractual or other connection to Alberta.