Anna Casemore

The appellant mining company sued its insurers in the U.S. for coverage relating to environmental damage alleged to have occurred in Washington State.

The insurers commenced parallel proceedings in British Columbia seeking declarations that they were not obligated to defend or indemnify the appellant.

The appellant sought to stay the British Columbia proceedings on the basis that the U.S. District Court had already asserted jurisdiction.

The Supreme Court of Canada dismissed the appeal, holding that under s. 11 of British Columbia's Court Jurisdiction and Proceedings Transfer Act, a foreign court's prior assertion of jurisdiction is only one factor to consider in the forum non conveniens analysis, and the chambers judge did not err in refusing the stay.

The appellants challenged a substantial personal injury judgment arising from an automobile accident involving catastrophic injuries, including findings on liability, future care, damages, and costs.

The Court of Appeal held that, apart from the statutory issue under s. 116 of the Courts of Justice Act and costs, the appeal was an impermissible attempt to re-try fact-driven issues and adopted the trial judge’s reasons.

On the s. 116 issue, the court held that periodic payments could only be ordered in relation to the award as calculated, and the provision did not authorize the appellants’ proposed item-by-item structured annuity that would reduce the present value award.

The court also declined to interfere with the trial judge’s discretionary costs ruling.

The appeal was dismissed with costs.