The appellants, representing individuals injured by asbestos exposure, commenced an action in Texas against various asbestos companies.
The respondent companies obtained an anti-suit injunction in British Columbia to restrain the Texas proceedings.
The Supreme Court of Canada allowed the appeal and set aside the injunction, establishing the Canadian test for anti-suit injunctions.
The Court held that an anti-suit injunction should only be granted if the foreign court assumed jurisdiction on a basis inconsistent with Canadian rules of forum non conveniens and if allowing the foreign action to proceed would result in an injustice.
