SS&C Technologies Canada Corp. v. The Bank of New York Mellon Corporation, 2023 ONCA 908
In SS&C Technologies Canada Corp. v. The Bank of New York Mellon Corporation, 2023 ONCA 908, the Ontario Court of Appeal clarified the scope of a court’s jurisdiction to enjoin foreign litigation involving non-parties to an Ontario contract. SS&C, a Canadian tech company, alleged BNY Mellon breached a software licensing agreement by using SS&C’s confidential information to develop a competing product. While SS&C sued BNY Mellon in Ontario, it also sought to restrain BNY Mellon from pursuing overlapping U.S. litigation in New York against its affiliate, SS&C Technologies Inc. (SS&C Inc.).
The motion judge granted an anti-suit injunction, holding that BNY Mellon’s New York claims sought to circumvent the Ontario court’s jurisdiction. The Court of Appeal overturned that decision. It held that anti-suit injunctions must be used sparingly, especially where they affect foreign litigation between different parties. SS&C Inc. was not a party to the Ontario proceeding or the licensing agreement, and there was no evidence that the New York proceedings were vexatious or oppressive. The Court emphasized comity and cautioned against overreach in cross-border disputes.
This case is a reminder that even where Canadian proceedings are properly before the court, Ontario judges will not easily restrain related foreign proceedings involving affiliates or non-parties—absent clear abuse or interference with the court’s process.