Comity and parallel foreign proceedings: A reply to Black and Swan

Lloyd's Underwriters v. Cominco Ltd., is a potentially seminal case, currently pending before the Supreme Court of Canada. The case involves the issue of whether Canadian courts should stay litigation in the face of duplicative foreign proceedings. This reply responds to Vaughan Black's and John Swan's comment on the Lloyd's case, which was published in volume 46 of the Canadian Business Law Journal. The reply argues that although Black and Swan have important insights into judgment enforcement when competing, inconsistent decisions exist, their analysis too readily skips over the first-to-file rule and underestimates the costs of reactive litigation. Canadian courts should embrace a nuanced version of the first-to-file rule because avoiding the costs of duplicative, reactive litigation is in Canada's best interest. The reply argues that Canadian courts should treat the issues of parallel proceedings and judgment enforcement symmetrically. Once a Canadian court finds that the same case has already been filed in a court of appropriate adjudicatory jurisdiction (consistent with Canadian jurisdictional principles), it should stay its proceedings unless the party opposing the stay can demonstrate that a clear injustice would occur if the stay is granted. The court should enter a stay, even if a Canadian province has greater connections with the dispute, so long as the foreign forum has real and substantial connections. It concludes by arguing that the Canadian Supreme Court would be wise to reverse the lower courts' decisions and find that the wastes inherent in duplicative litigation favors a stay in the Lloyd's case.
Keywords No keywords specified (fix it)
Categories (categorize this paper)
 Save to my reading list
Follow the author(s)
My bibliography
Export citation
Find it on Scholar
Edit this record
Mark as duplicate
Revision history
Request removal from index
Download options
Our Archive

Upload a copy of this paper     Check publisher's policy     Papers currently archived: 28,233
External links

Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
Through your library
References found in this work BETA

No references found.

Add more references

Citations of this work BETA

No citations found.

Add more citations

Similar books and articles

Monthly downloads

Added to index


Total downloads

2 ( #773,629 of 2,172,876 )

Recent downloads (6 months)

1 ( #324,901 of 2,172,876 )

How can I increase my downloads?

My notes
Sign in to use this feature

There  are no threads in this forum
Nothing in this forum yet.

Other forums