What is the test for an anti-suit injunction?

British Columbia, Canada


The following excerpt is from Li v. Rao, 2019 BCCA 264 (CanLII):

At the second stage of the analysis, a court must not grant an anti-suit injunction if “it will deprive the plaintiff of advantages in the foreign forum of which it would be unjust to deprive him”: Amchem at 932, citing SNI Aérospatiale v. Lee Kui Jak, [1987] 3 All E.R. 510 at 522 (J.C.P.C.). Circumstances that amount to an injustice commonly include a loss of juridical advantage, a factor also considered in the first stage, but an injustice may also arise from other circumstances.

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