Anvil Mining Ltd. C. Association Canadienne Contre L’impunité, 2012 QCCA 117

In this decision, the Québec Court of Appeal (QCCA) clarified the circumstances in which courts can hear a dispute based on events that take place or have an impact in more than one jurisdiction.

The QCCA confirmed that assumption of jurisdiction requires a significant nexus between the forum seized of a dispute and either the subject matter of the litigation or the defendant. The decision is of particular relevance in our globalized environment, where corporations operate in a number of jurisdictions around the world.

The Association canadienne contre l'impunité© (ACCI), an association comprised of five NGOs based in Canada and abroad, sought to file a class action in Québec against Anvil Mining Limited (Anvil). The action was based on events that took place in October 2004 in the Democratic Republic of the Congo (DRC) where Anvil, a company headquartered in Australia, was operating a silver-and-copper mine. The allegations centered on the role allegedly played