Montréal—The Supreme Court of Canada (SCC) granted the appeal filed by Martin Poulin and his team at Dentons Canada on behalf of his client, S.

This case concerns parallel proceedings brought in Belgium by R. and in Québec by S., and the application by the Québec courts of the international lis pendens rule.

The SCC was called upon to rule for the first time on the parameters and conditions for applying the international lis pendens exception codified in article 3137 of the Civil Code of Québec (CCQ).

The appeal heard by the SCC dealt with complex issues of private international law, including: (i) the burden of proof and the degree of proof required for the condition of susceptibility of recognition of the foreign judgment under art. 3137 CCQ; (ii) the conditions for exercising the judge’s discretion under art. 3137 CCQ in relation to international lis pendens.

In its October 25 decision, the SCC allowed S.'s appeal and restored the Superior Court's conclusion on the dismissal of R.

As Martin Poulin explains, "This decision is of great importance in private international law in that it establishes the conditions for the application of the international lis pendens rule, and on the exercise of the discretion conferred on Québec courts in this regard. The principles that emerge from this decision will certainly influence and guide Québec courts when they are confronted with the institution of parallel proceedings before a foreign court on the one hand, and before Québec courts on the other. The SCC’s decision also clarifies the concept of international public policy.

For more information and to read the SCC’s decision: R.S. v. P.R., 2019 SCC 49

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