Amchem Products Inc v British Columbia (Workers' Compensation Board)
|Amchem Products Inc v British Columbia (Workers' Compensation Board)|
|Hearing: May 25, 1992
Judgment: March 25, 1993
|Full case name||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
|Citations|| 1 S.C.R. 897|
|Prior history||Judgment against the Workers' Compensation Board by the Court of Appeal for British Columbia|
|Chief Justice: Antonio Lamer
Puisne Justices: Gérard La Forest, Claire L'Heureux-Dubé, John Sopinka, Charles Gonthier, Peter Cory, Beverley McLachlin, William Stevenson, Frank Iacobucci
|Unanimous reasons by||Sopinka J.|
|Lamer C.J. and L'Heureux-Dubé, Stevenson, and Iacobucci JJ. took no part in the consideration or decision of the case.|
Amchem Products Inc v British Columbia (Workers' Compensation Board),  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.
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 Expanding Role of the Supreme Court of Canada in International Law Issues 34 Canadian Yearbook of International Law 1996". Retrieved 18 October 2016.
- "Enforcing U.S. Judgments in Canada: Things are Looking Up 15 Northwestern Journal of International Law & Business 1994-1995". Retrieved 18 October 2016.
- "Forum Non Conveniens, In a Nutshell". 25 February 2009. Retrieved 18 October 2016.
- "Amchem Products Incorporated v. British Columbia (Workers' Compensation Board) - SCC Cases (Lexum)". Retrieved 18 October 2016.
- Affairs, Office of the Commissioner for Federal Judicial. "Federal Courts Reports -  4 F.C. 826". Retrieved 18 October 2016.