Supreme Court of Canada Appeal


Supreme Court of Canada hears forum non convenient appeal.

On November 17, 2008, the Supreme Court of Canada heard the appeal in Teck Cominco Metals Ltd. v. Lombard General Insurance Company of Canada, a decision of the British Columbia Court of Appeal.

There is a great deal of interest in the decision because it provides the Court with an opportunity to address the role of international comity in stay motion cases where a foreign court has already asserted jurisdiction in parallel proceedings. It also provides the Court with an opportunity to bring order and certainty to transnational litigation with links to Canada by addressing the obvious problems of multiple proceedings dealing with the same subject-matter.

Lawson Lundell represented the applicant, Teck Cominco with a team comprised of Craig A. Ferris and Lisa A. Peters.