Strategic Advocacy for Cross Border Claims – Toronto Cross Border Litigation and International Arbitration Lawyers
Toronto Travel and Tourism Litigation Lawyers
Vacation Accident | Holiday Injuries | Lawyers in Ontario
Acting for or against Airlines, Hotels, Resorts, Amusement & Theme Parks,
Tour Operators, Travel Agents and Consolidators
Coronavirus (Covid-19, 2019-nCoV) and its Impact on Commercial Contracts,
Performance, Frustration, Termination, Cancellation or Force Majeure
Accidents sometimes occur to Ontario residents while they are travelling to or from, visiting, working or vacationing in other provinces, states or countries.
Canadians love to travel. In particular, Statistics Canada recently reported that travel by Canadians to foreign countries included these top fifteen destinations: United States, Mexico, Cuba, United Kingdom, Dominican Republic, France, Italy, Germany, Mainland China, Spain, Jamaica, Netherlands, Hong Kong, Republic of Ireland and Australia. Travel to the USA included these top fifteen destinations: New York, Florida, Washington, Michigan, Nevada, California, Pennsylvania, Maine, Montana, North Dakota, Arizona, Minnesota, Massachusetts, Vermont and Virginia.
Injuries and death can occur during air, rail or marine passenger carriage, arise from attending at or participating in sports, recreational and leisure activities or from use of defective premises or products.
Injury, death, harm or loss may be caused by one or more of the following: tour operators, travel agents, ship and boat owners and operators and cruise lines, airlines, hotels, restaurants, sports venues, amusement and theme parks, entertainment venues, or ski and snowboard resort owners and operators.
We can act for those injured or travel insurers for injury, death, harm or loss caused during a holiday or travel excursion. Early considerations must be made to determine the proper forum.
Examples of Vacation Accidents
- Amusement or Theme Park Ride Accidents
- Boating Accidents, including Canoe and Sailing Accidents
- Cruise Accidents, Injury and Illness
- Equestrian Activities – Riding and Equestrian Sports (Jumping, Polo, Dressage, Hacking)
- Food Poisoning and Illness
- Golf Course Injuries
- Gymnastics Injuries, Including Trampoline and Trapeze
- Motor Vehicle, Motor Cycle, Bicycle, Bus Accidents and Injuries
- Maritime Accidents – Boat, Jet Ski & ATV Injuries
- Road, Rail and Air Accidents and Injuries
- Slip and Fall Accidents and Injuries
- Spectator Injury
- Victim of Assault or other Criminal Activity
- Water Accidents and Injuries – Beach and Swimming Pool Accidents
- Water Sports Injuries – Pool, Diving and Scuba – Winter Sports Accidents – Snowmobile, Ski, Snowboard and Climbing Accidents and Injuries
Claims by Ontario residents arising in other provinces or other countries often involve complex issues of jurisdiction (where the law suit must be started) and questions as to which country’s laws should apply. A lawyer in Ontario may provide an opinion as to whether or not the laws of Ontario apply to your situation and whether or not the courts in Ontario have jurisdiction or whether you must go to a court in a place other than Ontario to seek damages or other remedies.
In cases where you are required to pursue your accident claim in another province or in the country where it occurred, we cannot provide legal advice or representation, but we can help you chose and appoint a local lawyer to handle your case.
Limitation Period | Statute of Limitations
It is important to seek and obtain legal advice of a competent lawyer in the appropriate jurisdiction as soon as possible, since time limitation periods will vary across Canada and throughout the world and in some cases are very short.
International Experience | Local Counsel
Gilbertson Davis LLP has lawyers who act for and advise foreign clients involved in litigation or arbitration in Ontario and across its borders.
One of our lawyers has been admitted and practised law in foreign jurisdictions (including England, Dubai, and Bermuda ), is admitted in New York state, and has both foreign (England) and local legal education. Among our lawyers and law clerks are those who speak French, Japanese, Portuguese, Italian, Russian and Cantonese.
We are often consulted by those located in the United States, and in the past have been consulted by or retained in litigation by those (or matters located) in Alaska, California, Washington, Nebraska, Illinois, Michigan, Missouri, Ohio, New York, New Jersey, Rhode Island, Massachusetts, North Carolina, Tennessee, Georgia, Louisiana, Florida and Texas. Internationally, we have also been involved in litigation or arbitration with clients (or matters) located in the Netherlands, Norway, Sweden, England, Denmark, Italy, Switzerland, Germany, Greece, Cyprus, Malta, Monaco, Guyana, Liberia, South Africa, Angola, The Bahamas, Bermuda, British Virgin Islands, Dominican Republic, Dubai, United Arab Emirates, Iran, Kuwait, India, Bangladesh, South Korea, Hong Kong, PRC and Australia.
If you a have claims arising on vacations or are responding to such claims, please contact Gilbertson Davis LLP. Gilbertson Davis LLP acts for clients in the courts in Ontario and Canada and in international arbitrations.