Loss of Enjoyment (Vacation): Difference between revisions
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(Created page with "Category:Nuisance ==Eltaib and Touram, 2010 ONSC 834 (CanLII)<ref name="Eltaib"/>== [23] The issues raised in this lawsuit may be summarized as follows: ::1. Was there a...") |
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::6. Was there a breach of contract? | ::6. Was there a breach of contract? | ||
Before dealing with these issues, it is important to note that in spoiled vacation cases, damages for disappointment, distress and out of pocket expenses can be awarded. See, for example, the seminal decision in Jarvis v. Swans Tour Ltd., [1972] 3 W.L.R. 954 (C.A.); and later decisions such as Kent v. Conquest Vacations Co. (2005), 2005 CanLII 2321 (ON SCDC), 194 O.A.C. 302 (Div. Ct.); Sokolsky v. Canada 3000 Airlines Ltd., [2002] O.J. No. 3085 (S.C.J.). | Before dealing with these issues, it is important to note that in spoiled vacation cases, damages for disappointment, distress and out of pocket expenses can be awarded. See, for example, the seminal decision in Jarvis v. Swans Tour Ltd., [1972] 3 W.L.R. 954 (C.A.); and later decisions such as <i>Kent v. Conquest Vacations Co. (2005), 2005 CanLII 2321 (ON SCDC)</i><ref name="Kent"/>, 194 O.A.C. 302 (Div. Ct.); Sokolsky v. Canada 3000 Airlines Ltd., [2002] O.J. No. 3085 (S.C.J.). | ||
<ref name="Eltaib">Eltaib and Touram, 2010 ONSC 834 (CanLII), <http://canlii.ca/t/28kvp>, retrieved on 2020-09-19</ref> | <ref name="Eltaib">Eltaib and Touram, 2010 ONSC 834 (CanLII), <http://canlii.ca/t/28kvp>, retrieved on 2020-09-19</ref> | ||
<ref name="Kent">Kent v. Conquest Vacations Co., 2005 CanLII 2321 (ON SCDC), <http://canlii.ca/t/1jq05>, retrieved on 2020-09-19</ref> | |||
==References== | ==References== | ||
Revision as of 22:26, 19 September 2020
Eltaib and Touram, 2010 ONSC 834 (CanLII)[1]
[23] The issues raised in this lawsuit may be summarized as follows:
- 1. Was there a contract with Air Canada Vacations?
- 2. If so, is there privity of contract between the plaintiffs and defendant?
- 3. If so, does the contract with its clauses limiting liability and disclaimers bind the plaintiffs?
- 4. What is the impact of the Travel Industry Act, 2002, S.O. 2002, c. 30 on the facts of the case?
- 5. What representations were made and were they accurate?
- 6. Was there a breach of contract?
Before dealing with these issues, it is important to note that in spoiled vacation cases, damages for disappointment, distress and out of pocket expenses can be awarded. See, for example, the seminal decision in Jarvis v. Swans Tour Ltd., [1972] 3 W.L.R. 954 (C.A.); and later decisions such as Kent v. Conquest Vacations Co. (2005), 2005 CanLII 2321 (ON SCDC)[2], 194 O.A.C. 302 (Div. Ct.); Sokolsky v. Canada 3000 Airlines Ltd., [2002] O.J. No. 3085 (S.C.J.).
References
- ↑ 1.0 1.1 Eltaib and Touram, 2010 ONSC 834 (CanLII), <http://canlii.ca/t/28kvp>, retrieved on 2020-09-19
- ↑ 2.0 2.1 Kent v. Conquest Vacations Co., 2005 CanLII 2321 (ON SCDC), <http://canlii.ca/t/1jq05>, retrieved on 2020-09-19
