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Amchem Products Inc. V. British Columbia Worker's Compensation Board
''Amchem Products Inc v British Columbia (Workers' Compensation Board)'', 9931 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 fou ...
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Court Of Appeal For British Columbia
The British Columbia Court of Appeal (BCCA) is the highest appellate court in the province of British Columbia, Canada. It was established in 1910 following the 1907 Court of Appeal Act. The BCCA hears appeals from the Supreme Court of British Columbia and a number of boards and tribunals. The BCCA also hears criminal appeals from the Provincial Court of British Columbia where the proceedings in that court were by indictment. It will hear summary conviction appeals from the Supreme Court on criminal matters that originated in the Provincial Court. Statute restricts appeals on civil matters from the Provincial Court (Small Claims) to the Supreme Court. However, some Provincial Court civil matters may come before the BCCA on very narrow matters having to do with questions of administrative law or other unusual circumstances. The BCCA consists of 15 justices (including a Chief Justice) in addition to 9 supernumerary justices. All justices of the BCCA (including the position of Chi ...
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Forum Non Conveniens
''Forum non conveniens'' (Latin for "an inconvenient forum") (FNC) is a mostly common law legal doctrine through which a court acknowledges that another forum or court where the case might have been brought is a more appropriate venue for a legal case, and transfers the case to such a forum. A change of venue might be ordered, for example, to transfer a case to a jurisdiction within which an accident or incident underlying the litigation occurred and where all the witnesses reside. As a doctrine of the conflict of laws, ''forum non conveniens'' applies between courts in different countries and between courts in different jurisdictions in the same country. ''Forum non conveniens'' is not applicable between counties or federal districts within a state. A concern often raised in applications of the doctrine is forum shopping, or picking a court merely to gain an advantage in the proceeding. This concern is balanced against the public policy of deferring to a plaintiff's choice of ve ...
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Supreme Court Of Canada
The Supreme Court of Canada (SCC; french: Cour suprême du Canada, CSC) is the Supreme court, highest court in the Court system of Canada, judicial system of Canada. It comprises List of Justices of the Supreme Court of Canada, nine justices, whose decisions are the ultimate application of Canadian law, and grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal Appeal, appellate courts. The Supreme Court is bijural, hearing cases from two major legal traditions (common law and Civil law (legal system), civil law) and bilingual, hearing cases in both Official bilingualism in Canada, official languages of Canada (English language, English and French language, French). The effects of any judicial decision on the common law, on the interpretation of statutes, or on any other application of law, can, in effect, be nullified by legislation, unless the particular decision of the court in question involves applicatio ...
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Anti-suit Injunction
In the area of conflict of laws, an 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. If the opposing party contravenes such an order issued by a court, a contempt of court order may be issued by the domestic court against that party. It is often used as a means to prevent forum shopping. In recent years many jurisdictions have placed a high standard to obtain an injunction such as where the proceedings are "oppressive or vexatious". Furthermore, in proceedings up until the milestone decision iGazprom case anti-suit injunction was considered inapplicable in litigation or arbitrationAllianz SpA (formerly Riunione Adriatica di Sicurta SpA) v West Tankers Inc (C-185/07) 0091 AC 1138 among EU member states. The question was whether it applied to arbitration, being excluded from the Brussels Convention. This was resolved in Gazprom case and the specifics of ...
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British Columbia Supreme Court
British may refer to: Peoples, culture, and language * British people, nationals or natives of the United Kingdom, British Overseas Territories, and Crown Dependencies. ** Britishness, the British identity and common culture * British English, the English language as spoken and written in the United Kingdom or, more broadly, throughout the British Isles * Celtic Britons, an ancient ethno-linguistic group * Brittonic languages, a branch of the Insular Celtic language family (formerly called British) ** Common Brittonic, an ancient language Other uses *''Brit(ish)'', a 2018 memoir by Afua Hirsch *People or things associated with: ** Great Britain, an island ** United Kingdom, a sovereign state ** Kingdom of Great Britain (1707–1800) ** United Kingdom of Great Britain and Ireland (1801–1922) See also * Terminology of the British Isles * Alternative names for the British * English (other) * Britannic (other) * British Isles * Brit (other) * Briton (d ...
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Asbestos
Asbestos () is a naturally occurring fibrous silicate mineral. There are six types, all of which are composed of long and thin fibrous crystals, each fibre being composed of many microscopic "fibrils" that can be released into the atmosphere by abrasion and other processes. Inhalation of asbestos fibres can lead to various dangerous lung conditions, including mesothelioma, asbestosis, and lung cancer, so it is now notorious as a serious health and safety hazard. Archaeological studies have found evidence of asbestos being used as far back as the Stone Age to strengthen ceramic pots, but large-scale mining began at the end of the 19th century when manufacturers and builders began using asbestos for its desirable physical properties. Asbestos is an excellent electrical insulator and is highly fire-resistant, so for much of the 20th century it was very commonly used across the world as a building material, until its adverse effects on human health were more widely acknowledged ...
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List Of Supreme Court Of Canada Cases
The Supreme Court of Canada is the court of last resort and final appeal in Canada. Cases that are successfully appealed to the Court are generally of national importance. Once a case is decided the Court will publish written reasons for the decision that consist of one or more reasons from any number of the nine justices. Understanding the background of the cases, their reasons and the authorship can be important and insightful as each judge may have varying beliefs in legal theory and understanding. List of cases by Court era * List of Supreme Court of Canada cases (Richards Court through Fauteux Court): This list includes cases from the formation of the Court on April 8, 1875, through to the retirement of Gérald Fauteux on December 23, 1973. * List of Supreme Court of Canada cases (Laskin Court): This list includes cases from the rise of Bora Laskin through to his death on March 26, 1984. * List of Supreme Court of Canada cases (Dickson Court): This list includes cases from ...
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Morguard Investments Ltd
Morguard Corporation is a Canadian real estate company, based in Mississauga, Ontario. It owns retail, residential, office, industrial, and hotel properties, as well as managing real estate and financial investments for institutional investors. As of October 2017, it owned $9.4 billion in real estate, and managed an additional $12.6 billion. Some of its owned properties are through its controlling ownership in two publicly-listed real estate investment trusts, Morguard REIT and Morguard North American Residential REIT, and the publicly-listed Temple Hotels. It is a public company listed on the Toronto Stock Exchange. History Morguard was founded in 1905 as D. Ackland & Son Limited."Morguard Corporation." International Directory of Company Histories, Volume 85. . ''Encyclopedia.com.'' 2 Jan. 2018 It originally made carriage parts, but transitioned into automobile parts in the 1910s. In 1960, it renamed itself Acklands Limited. At some point, it transitioned to being a wholesa ...
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Conflict Of Laws Case Law
Conflict may refer to: Arts, entertainment, and media Films * ''Conflict'' (1921 film), an American silent film directed by Stuart Paton * ''Conflict'' (1936 film), an American boxing film starring John Wayne * ''Conflict'' (1937 film), a Swedish drama film directed by Per-Axel Branner * ''Conflict'' (1938 film), a French drama film directed by Léonide Moguy * ''Conflict'' (1945 film), an American suspense film starring Humphrey Bogart * ''Catholics: A Fable'' (1973 film), or ''The Conflict'', a film starring Martin Sheen * ''Judith'' (1966 film) or ''Conflict'', a film starring Sophia Loren * ''Samar'' (1999 film) or ''Conflict'', a 1999 Indian film by Shyam Benegal Games * ''Conflict'' (series), a 2002–2008 series of war games for the PS2, Xbox, and PC * ''Conflict'' (video game), a 1989 Nintendo Entertainment System war game * '' Conflict: Middle East Political Simulator'', a 1990 strategy computer game Literature and periodicals * ''Conflict'' (novel) ...
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Supreme Court Of Canada Cases
The Supreme Court of Canada is the court of last resort and final appeal in Canada. Cases that are successfully appealed to the Court are generally of national importance. Once a case is decided the Court will publish written reasons for the decision that consist of one or more reasons from any number of the nine justices. Understanding the background of the cases, their reasons and the authorship can be important and insightful as each judge may have varying beliefs in legal theory and understanding. List of cases by Court era * List of Supreme Court of Canada cases (Richards Court through Fauteux Court): This list includes cases from the formation of the Court on April 8, 1875, through to the retirement of Gérald Fauteux on December 23, 1973. * List of Supreme Court of Canada cases (Laskin Court): This list includes cases from the rise of Bora Laskin through to his death on March 26, 1984. * List of Supreme Court of Canada cases (Dickson Court): This list includes cases from t ...
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1993 In Canadian Case Law
File:1993 Events Collage.png, From left, clockwise: The Oslo I Accord is signed in an attempt to resolve the Israeli–Palestinian conflict; The Russian White House is shelled during the 1993 Russian constitutional crisis; Czechoslovakia is peacefully dissolved into the Czech Republic and Slovakia; In the United States, the ATF besieges a compound belonging to David Koresh and the Branch Davidians in a search for illegal weapons, which ends in the building being set alight and killing most inside; Eritrea gains independence; A major snow storm passes over the United States and Canada, leading to over 300 fatalities; Drug lord and narcoterrorist Pablo Escobar is killed by Colombian special forces; Ramzi Yousef and other Islamic terrorists detonate a truck bomb in the subterranean garage of the North Tower of the World Trade Center in the United States., 300x300px, thumb rect 0 0 200 200 Oslo I Accord rect 200 0 400 200 1993 Russian constitutional crisis rect 400 0 600 2 ...
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