W. S. Berardino

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 suffered severe spinal injuries when a pleasure craft he was on struck rocks in tidal waters.

He sued the respondents in tort.

The respondents sought to limit their liability under ss. 647 and 649 of the Canada Shipping Act.

The appellant challenged the constitutional validity of these provisions, arguing they fell under provincial jurisdiction over property and civil rights.

The Supreme Court of Canada held that the provisions are intra vires Parliament as they are in pith and substance legislation in respect to Canadian maritime law, which extends to torts committed on navigable waters, including those involving pleasure craft.