Amchem Products Inc. v. British Columbia Worker's Compensation Board
Encyclopedia
Amchem Products Inc. v. British Columbia Worker's Compensation Board, [1993] 1 S.C.R. 897 is a leading decision on forum non conveniens
by the Supreme Court of Canada
. The Court overturned an anti-suit injunction
issued by the British Columbia Supreme Court against the courts in Texas on the basis that the British Columbia (BC) court was not necessarily the better forum for the case.
in Texas. The Texas court accepted jurisdiction over the matter and heard the case. The manufacturers applied to the BC Supreme Court to issue an anti-suit injunction, arguing that the proper forum for the plaintiffs would be in BC and not Texas.
The BC Supreme Court issued the injunction. In response, Texas issued an "anti-anti-suit injunction". The BC Supreme Court judgment was upheld on appeal to the BC Court of Appeal.
The Court adopts the test for forum non conveniens from Spiliada Maritime Corp. v. Cansulex Ltd., [1987] A.C. 460
Forum non conveniens
Forum non conveniens is a common law legal doctrine whereby courts may refuse to take jurisdiction over matters where there is a more appropriate forum available to the parties...
by the Supreme Court of Canada
Supreme Court of Canada
The Supreme Court of Canada is the highest court of Canada and is the final court of appeals in the Canadian justice system. The court grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts, and its decisions...
. The Court overturned an anti-suit injunction
Anti-suit injunction
In the area of conflict of laws, anti-suit injunction is an order issued by a court or arbitral tribunal that prevents an opposing party from commencing or continuing a proceeding in another jurisdiction or forum...
issued by the British Columbia Supreme Court against the courts in Texas on the basis that the British Columbia (BC) court was not necessarily the better forum for the case.
Background
A number of BC residents began an action against several US manufacturers of asbestosAsbestos
Asbestos is a set of six naturally occurring silicate minerals used commercially for their desirable physical properties. They all have in common their eponymous, asbestiform habit: long, thin fibrous crystals...
in Texas. The Texas court accepted jurisdiction over the matter and heard the case. The manufacturers applied to the BC Supreme Court to issue an anti-suit injunction, arguing that the proper forum for the plaintiffs would be in BC and not Texas.
The BC Supreme Court issued the injunction. In response, Texas issued an "anti-anti-suit injunction". The BC Supreme Court judgment was upheld on appeal to the BC Court of Appeal.
Ruling of the Court
The Supreme Court of Canada overturned the judgment and found that there was insufficient grounds to deny Texas jurisdiction.The Court adopts the test for forum non conveniens from Spiliada Maritime Corp. v. Cansulex Ltd., [1987] A.C. 460
See also
- List of Supreme Court of Canada cases
- Morguard Investments Ltd. v. De SavoyeMorguard Investments Ltd. v. De SavoyeMorguard Investments Ltd. v. De Savoye, [1990] 3 S.C.R. 1077 is the leading decision of the Supreme Court of Canada on the enforcement of extraprovincial judgments. The Court held that the standard for enforcing a default judgment from a different province is not the same as if it were from another...
, (1990)