Amchem Products Inc. v. British Columbia Worker's Compensation Board

SCCInfoBox
case-name=Amchem Products Inc. v. British Columbia Worker's Compensation Board
full-case-name=Amchem Products Inc. v. British Columbia Worker's Compensation Board
heard-date=May 25, 1992
decided-date=March 25, 1993
citations= [1993] 1 S.C.R. 897
docket=22256
history=
ruling= Board's appeal granted
ratio=
SCC=1992-1993
Unanimous=Sopinka J.
NotParticipating=
LawsApplied=

"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.

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

ee also

* List of Supreme Court of Canada cases
* "Morguard Investments Ltd. v. De Savoye", (1990)

External links

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