Rocois Construction Inc. v. Québec Ready Mix Inc. - SCC Casesscc-csc.lexum.com › scc-csc › scc-csc › item
Quebec. Subjects. Civil procedure. Notes. SCC Case Information: 19780 ... Civil procedure ‑‑ Exceptions to dismiss action ‑‑ Lis pendens ‑‑ Action for ... Accordingly, noting that the triple identity of parties, object and cause was present, ...

The action brought in the Superior Court should be dismissed on the ground of lis pendens. First, although the jurisdiction of the Federal Court, based on s. 31.1(1) of the Combines Investigation Act, and that of the Superior Court, resulting from its general common law jurisdiction, are different, both courts are equally competent to hear the actions brought before them respectively. Second, the ***three substantive conditions for lis pendens within the meaning of art. 165 C.C.P. have been met. There is an identity of parties, object and cause between the two cases***


https://www.diva-portal.org/smash/get/diva2:813565/FULLTEXT0...
The doctrine of lis pendens plays an important role
in both traditions in regard to parallel proceedings, but it has been given different
roles within each tradition as to how it prevents parallel proceedings. What
complicates the matter even more is the fact that there is no general definition of lis
pendens, less any universally adopted standards for its application.

This thesis will examine the problem of parallel proceedings and the adoption of the
doctrine of lis pendens in the common law and civil law traditions respectively, with
the utmost purpose to answer the question as to when parallel proceedings in
international commercial arbitration can be said to take place. The purpose of this
thesis is – to some extent – twofold; it aims at presenting the issue of parallel
proceedings and the doctrine of lis pendens from an overall perspective, as well as at
presenting the issue with a more party-oriented view in mind.

As mentioned in the foregoing, the doctrine of lis pendens has no general definition,
and is certainly not applied in an identical manner in different legal systems.
However, the principle is still recognized in most jurisdictions as it works as a
safeguard against parallel proceedings. This thesis is a
comparative study over the different approaches to the doctrine of lis pendens taken
by the common law and civil law traditions.

4.2.1 The definition of lis pendens
It has been shown in the foregoing that parallel proceedings are commonly viewed
as a negative phenomenon and most, if not all, jurisdictions have adopted different
measures to prevent them from taking place.99 The doctrine of lis pendens is only one
of many possible measures to deal with parallel proceedings. Other measures
include, inter alia, anti-suit injunctions, consolidation of proceedings, and the
application of the doctrine of forum non conveniens.

James Fawcett has described
the doctrine of lis pendens to be applicable in a “situation in which parallel
proceedings, involving the same parties and the same cause of action, are continuing
in two different states at the same time.

The doctrine of lis pendens is closely related to the principle of res judicata, which
establishes that “an earlier and final adjudication by a court or arbitration tribunal is
conclusive in subsequent proceedings involving the same subject matter of relief,
the same legal grounds and the same parties.”109 Precluding following proceedings
between the same parties concerning the same claim, demand or cause of action, the
principle of res judicata serves purposes closely related to those of lis pendens ...

Lis pendens refers to a situation where the same dispute has been brought before two courts of the same level, having equal jurisdiction. ... This ruling is noteworthy considering the low number of courts having granted this exception of international lis pendens


https://digitalcommons.osgoode.yorku.ca/cgi/viewcontent.cgi?...
Parallel Proceedings-Converging Views - Osgoode Digital ...digitalcommons.osgoode.yorku.ca › cgi › viewcontentPDF
ceedings, but the vexing question can be 'which is the abusive party ... only where jurisdiction had been exercised on one of the tradi- ... uations of parallel proceedings or "lis pendens. ... other than the court first seised shall of its own motion stay its proceedings ... The lessons for Canadian courts that can be found in the ex-.
In order to address the concerns of multiplicity and
inconsistent results, the Europeans established a simple rule for situations of parallel proceedings or "lis pendens." This rule requires
all courts, other than the court first seized, to stay proceedings on
the same matter before them of their own motion until the court
first seized has decided the matter or has determined that it cannot
decide the matter.


COMPARATIVE TABLE: The Effect of Recognition of ... - BIICL www.biicl.org › files › 3479_comp_table_-_effect_of_j...
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matters which could have been raised in the first proceedings to establish or refuse the ... In personam judgments will generally only bind parties or their privies and not ... The former doctrine is also concerned with the substantive objective of ... the court may decide of its own motion to raise the issue of preclusion, but it is ...