The Divisional Court confirms a tour operator’s duty of care in Garofoli et al. v. Air Canada Vacations

Written on August 23, 2012.

The Divisional Court has confirmed that the duty of care owed by a tour operator to its clients is to exercise due care in the selection of a competent supplier; allowing Air Canada Vacations’ appeal and dismissing the Plaintiffs’ claim.  Following the Court of Appeal’s reasoning in Craven v. Strand Holidays and drawing from the Superior Court decision in Eltaib v. Touram Limited Partnership (c.o.b. Air Canada Vacations), Madame Justice Healey overturned the trial judge’s finding that a tour operator has a common law duty to supervise a third party supplier and its employees stating: “To impose the very onerous duty on a tour operator to have day-to-day supervision of a resort’s operations is impractical and ignores the legal reality that the resort is an independent contractor and the appellant therefore not liable for its negligence, unless it failed to exercise due care in the selection of that supplier.”  This decision can be found at the following link: http://www.canlii.org/en/on/onsc/doc/2012/2012onsc4698/2012onsc4698.html