Avon Mersey

The appellant sued Quebec asbestos companies in British Columbia for damages related to asbestos exposure.

He sought discovery of documents.

The respondents refused, citing the Quebec Business Concerns Records Act, which prohibits removing business documents from Quebec pursuant to foreign judicial orders.

The BC courts declined to rule on the constitutionality of the Quebec statute and dismissed the application to compel production.

The Supreme Court of Canada allowed the appeal, holding that the BC courts and the SCC had jurisdiction to consider the constitutionality of the Quebec statute.

Applying the principles from Morguard, the Court held that the Quebec blocking statute was constitutionally inapplicable to proceedings in other provinces because it offended the principles of order and fairness inherent in the Canadian federation.

The appellant appealed a decision regarding the calculation of an award for future care.

The sole issue was whether the court could take the impact of taxation into account when calculating the amount of the award.

Following the reasoning in Watkins v. Olafson, the Supreme Court of Canada held that the impact of taxation may be considered.

The appeal was allowed and the matter remitted to the Supreme Court of British Columbia to determine the amount to be added for taxation.