Amchem Products Inc v British Columbia (Workers' Compensation Board) explained
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.
Background
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.
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[1] [2] [3] [4] [5] [6] [7]
See also
Notes and References
- 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 . 1996 . 34 . 89 . 18 October 2016 . La Forest . Gerard V. .
- 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 . 18 October 2016 . Ivankovich . Ivan F. .
- Web site: Anti-Suit Injunctions Restraining Litigation Outside Canada: The Amchem Decision . 2012-03-03 . https://archive.today/20120909203731/http://www.rossmcbride.com/articles/Anti-Suit-Injunctions-Restraining-Litigation-Outside-Canada-The-Amchem-Decision/ . 2012-09-09 . dead .
- Web site: Forum Non Conveniens, In a Nutshell. http://webarchive.loc.gov/all/20160411021223/http://www.thecourt.ca/2009/02/forum%2Dnon%2Dconveniens%2Din%2Da%2Dnutshell/. dead. 11 April 2016. 25 February 2009. 18 October 2016.
- Web site: Amchem Products Incorporated v. British Columbia (Workers' Compensation Board) - SCC Cases (Lexum). 18 October 2016. https://web.archive.org/web/20120603130700/http://scc.lexum.org/en/1993/1993scr1-897/1993scr1-897.html. 2012-06-03. dead.
- Web site: Federal Courts Reports - [2003] 4 F.C. 826]. Office of the Commissioner for Federal Judicial. Affairs. April 2011 . 18 October 2016.
- Web site: Province of Prince Edward Island in the Supreme Court - Trial Division between Polar Foods International Inc. and Jensen Tuna Inc. . https://web.archive.org/web/20160303212134/http://www.gov.pe.ca/courts/supreme/reasons/18910.pdf . 3 March 2016 . 24 September 2002 . dead.
