SUPREME COURT OF NOVA SCOTIA
Citation: PCI Chemicals Canada Company v. ABB Trasmissione & Distribuzione S.p.A, 2005 NSSC 18
Date: 20041223
Docket: S.H. 192518
Registry: Halifax
Between:
PCI Chemicals Canada Company
Plaintiff
v.
ABB Trasmissione & Distribuzione S.p.A.
Defendant
LIBRARY HEADING
Judge: The Honourable Justice C. Richard Coughlan
Heard: December 23, 2004 (in Chambers), at Halifax, Nova Scotia
Decision: December 23, 2004 (Orally)
Written Decision: January 28, 2005
Subject: Injunctions - Anti-suit Injunctions
Summary: PCI commenced action against ABB. In June, 2003, ABB applied for an order setting aside the Nova Scotia action for lack of jurisdiction. The application setting aside the Nova Scotia action was dismissed and ABB filed a defence. In September, 2003, ABB filed a claim in Italy seeking a declaration it did not have an obligation to PCI with respect to the facts described in the Nova Scotia action. The first hearing of the Italian proceeding was held in May, 2004 and no one appeared at the hearing for PCI, other than to contest service of the writ.
PCI applies for an injunction restraining ABB from proceeding with the Italian action.
Issue: Should the Court grant the injunction?
Result: The test dealing with anti-suit injunctions is set out in Amchem Products Inc. v. British Columbia (Workers Compensation Board), [1993] 1 S.C.R. 897. Great caution should be exercised when invoking the power to enjoin foreign litigation. PCI has not applied to the Italian Court for a stay or other termination of the main proceeding, and failed. There is no reason the preferred practice should not be followed in this case.
The application is dismissed.
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