Nicolazzo v. Princess Cruises

The plaintiffs in this matter had booked a cruise with the defendant through the plaintiff’s travel agent in Hamilton, Ontario. They embarked in Italy and disembarked in England. During the cruise $5,000 was stolen from the safe in the plaintiffs’ stateroom. The plaintiffs commenced this action to recover the stolen money. The defendant brought a motion to dismiss the claim on the basis that the court lacked territorial jurisdiction over the action. The motion was denied at first instance. On appeal, the appeal Judge held that the Athens Convention applied and that pursuant to Article 17 of the Convention the action could not be brought in Canada as the defendant had no place of business in Canada. The appeal was allowed and the action was dismissed.