Amchem Products Inc v British Columbia (Workers' Compensation Board)
January 01, 1970
Amchem Products Inc v British Columbia (Workers' 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.
Amchem Products Inc v British Columbia (Workers' Compensation Board)
Workers' Compensation Board and others v. Amchem Products Incorporated and others; Workers' Compensation Board and others v. T & N plc; Workers' Compensation Board and others v. The Flintkote Company
An injunction to prevent a party from filing a claim in a different court should only be done when a serious injustice will occur if the other court fails to decline jurisdiction, and should not be done if there is pending proceeding in another court.
The test for declining jurisdiction is whether there is another forum more convenient and appropriate for pursuit of the action and securing the ends of justice.
A number of BC residents began an action against several US manufacturers of asbestos 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.[citation needed]
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 Courtedit
The Supreme Court of Canada overturned the judgment and found that there was insufficient grounds to deny Texas jurisdiction.
^SCC Case Information - Docket 22256 Supreme Court of Canada
^La Forest, Gerard V. (1996). "The Expanding Role of the Supreme Court of Canada in International Law Issues 34 Canadian Yearbook of International Law 1996". Canadian Yearbook of International Law. 34: 89. Retrieved 18 October 2016.
^Ivankovich, Ivan F. "Enforcing U.S. Judgments in Canada: Things are Looking Up 15 Northwestern Journal of International Law & Business 1994-1995". Northwestern Journal of International Law & Business. 15: 491. Retrieved 18 October 2016.
^"Anti-Suit Injunctions Restraining Litigation Outside Canada: The Amchem Decision". Archived from the original on 2012-09-09. Retrieved 2012-03-03.
^"Forum Non Conveniens, In a Nutshell". 25 February 2009. Archived from the original on 11 April 2016. Retrieved 18 October 2016.
^. Archived from the original on 2012-06-03. Retrieved 18 October 2016.
^Affairs, Office of the Commissioner for Federal Judicial (April 2011). "Federal Courts Reports - [2003] 4 F.C. 826". Retrieved 18 October 2016.
^(PDF). 24 September 2002. Archived from the original (PDF) on 3 March 2016.
amchem, products, british, columbia, workers, compensation, board, 1993, leading, decision, forum, conveniens, supreme, court, canada, court, overturned, anti, suit, injunction, issued, british, columbia, supreme, court, against, courts, texas, basis, that, br. Amchem Products Inc v British Columbia Workers 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 Amchem Products Inc v British Columbia Workers Compensation Board Supreme Court of CanadaHearing May 25 1992 Judgment March 25 1993Full case nameWorkers Compensation Board and others v Amchem Products Incorporated and others Workers Compensation Board and others v T amp N plc Workers Compensation Board and others v The Flintkote CompanyCitations 1993 1 S C R 897Docket No 22256 1 Prior historyJudgment against the Workers Compensation Board by the Court of Appeal for British ColumbiaRulingAppeal granted HoldingAn injunction to prevent a party from filing a claim in a different court should only be done when a serious injustice will occur if the other court fails to decline jurisdiction and should not be done if there is pending proceeding in another court The test for declining jurisdiction is whether there is another forum more convenient and appropriate for pursuit of the action and securing the ends of justice Court membershipChief Justice Antonio LamerPuisne Justices Gerard La Forest Claire L Heureux Dube John Sopinka Charles Gonthier Peter Cory Beverley McLachlin William Stevenson Frank IacobucciReasons givenUnanimous reasons bySopinka J Lamer C J and L Heureux Dube Stevenson and Iacobucci JJ took no part in the consideration or decision of the case Contents 1 Background 2 Ruling of the Court 3 See also 4 References 5 External linksBackground editA number of BC residents began an action against several US manufacturers of asbestos 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 citation needed 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 editThe 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 2 3 4 5 6 7 8 See also editList of Supreme Court of Canada cases Morguard Investments Ltd v De Savoye 1990 References edit SCC Case Information Docket 22256 Supreme Court of Canada La Forest Gerard V 1996 The Expanding Role of the Supreme Court of Canada in International Law Issues 34 Canadian Yearbook of International Law 1996 Canadian Yearbook of International Law 34 89 Retrieved 18 October 2016 Ivankovich Ivan F Enforcing U S Judgments in Canada Things are Looking Up 15 Northwestern Journal of International Law amp Business 1994 1995 Northwestern Journal of International Law amp Business 15 491 Retrieved 18 October 2016 Anti Suit Injunctions Restraining Litigation Outside Canada The Amchem Decision Archived from the original on 2012 09 09 Retrieved 2012 03 03 Forum Non Conveniens In a Nutshell 25 February 2009 Archived from the original on 11 April 2016 Retrieved 18 October 2016 Amchem Products Incorporated v British Columbia Workers Compensation Board SCC Cases Lexum Archived from the original on 2012 06 03 Retrieved 18 October 2016 Affairs Office of the Commissioner for Federal Judicial April 2011 Federal Courts Reports 2003 4 F C 826 Retrieved 18 October 2016 Province of Prince Edward Island in the Supreme Court Trial Division between Polar Foods International Inc and Jensen Tuna Inc PDF 24 September 2002 Archived from the original PDF on 3 March 2016 External links editFull text of Supreme Court of Canada decision at LexUM and CanLII Retrieved from https en wikipedia org w index php title Amchem Products Inc v British Columbia Workers 27 Compensation Board amp oldid 1181524362, wikipedia, wiki, book, books, library,
