PCI Chemicals Canada Company v. ABB Trasmissione & Distribuzione S.p.A.

PCI Chemicals Canada Company v. ABB Trasmissione & Distribuzione S.p.A.

The Court dismissed the defendant's application and held Nova Scotia has jurisdiction because there is a real and substantial connection: the plaintiff is incorporated in Nova Scotia and the defective transformer was placed into channels of trade so that harm in a province the manufacturer ought to have contemplated...

Source-derived case information.

Citation
2004 NSSC 2
Parties
Plaintiff/respondent: PCI Chemicals Canada Company; Defendant/applicant: ABB Trasmissione & Distribuzione S.p.A.
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
6 January 2004
Procedural Posture
Application to Set Aside Originating Notice (jurisdictional Challenge Under Rule 11.05(a)) / Pre Defence Jurisdictional Application (rule 11.05(a) Motion)
Outcome
Application to set aside originating notice dismissed; Court assumes jurisdiction
Legal Topics
Jurisdiction Simpliciter, Real and Substantial Connection Test, Service Ex Juris, Forum Non Conveniens, Duty of Care, Manufacturing Defect, Recognition and Enforcement of Foreign Judgments
Source Language
english
Civil Procedure Private International Law Torts Product Liability Conflict of Laws Jurisdiction Simpliciter Real and Substantial Connection Test Service Ex Juris +4 more

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Summary, issues, holding and outcome

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Parties

PCI Chemicals Canada Company

Plaintiff/respondent

ABB Trasmissione & Distribuzione S.p.A.

Defendant/applicant

Procedural Posture

Application to Set Aside Originating Notice (jurisdictional Challenge Under Rule 11.05(a)) / Pre Defence Jurisdictional Application (rule 11.05(a) Motion)

Legal Issues

  1. 1 Whether the Supreme Court of Nova Scotia has jurisdiction over an action against a foreign manufacturer
  2. 2 Whether a 'real and substantial connection' exists between the action and Nova Scotia
  3. 3 Applicability of Moran, Morguard and Muscutt principles in international manufacturing torts

Ratio Decidendi

The Court dismissed the defendant's application and held Nova Scotia has jurisdiction because there is a real and substantial connection: the plaintiff is incorporated in Nova Scotia and the defective transformer was placed into channels of trade so that harm in a province the manufacturer ought to have contemplated permits jurisdiction under Moran and Morguard; Muscutt did not displace Moran in these international manufacturing facts.

Court Disposition

Application to set aside originating notice dismissed; Court assumes jurisdiction

Orders

  • Application dismissed with costs to the Respondent of $750.00 payable in any event in the cause
  • Court assumes jurisdiction over the proceeding