Alfred Wegener Institute v. ALCI Aviation Ltd.
Because the respondent filed an affidavit attesting to and attaching a certified translation and a copy of the arbitral verdict bearing apparent signatures and no objection to form or accuracy was raised before the application judge, the judge properly accepted the evidence as satisfying Article 35(2) and properly...
Source-derived case information.
- Citation
- 2014 ONCA 398
- Parties
- Respondent: Alfred Wegener Institute for Polar and Marine Research; Appellant: ALCI Aviation Ltd.; Appellant: Enterprise Airlines Inc.
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 14 May 2014
- Procedural Posture
- Civil / Appeal From Application Judge Order Recognizing German Arbitral Award
- Outcome
- Appeal dismissed
- Legal Topics
- Article 35(2) International Commercial Arbitration Act, Certified Copy Requirement for Awards, Recognition and Enforcement as Judgment, Defaulting Parties/no Appearance
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Alfred Wegener Institute for Polar and Marine Research
Respondent
ALCI Aviation Ltd.
Appellant
Enterprise Airlines Inc.
Appellant
Procedural Posture
Civil / Appeal From Application Judge Order Recognizing German Arbitral Award
Legal Issues
- 1 Whether a certified copy of the arbitral award was before the application judge as required by Article 35(2) of the International Commercial Arbitration Act
- 2 Whether the application judge could accept the affidavit and copy in absence of any objection to form or accuracy
- 3 Whether the arbitral verdict could be recognized and enforced in Ontario as a judgment
Ratio Decidendi
Because the respondent filed an affidavit attesting to and attaching a certified translation and a copy of the arbitral verdict bearing apparent signatures and no objection to form or accuracy was raised before the application judge, the judge properly accepted the evidence as satisfying Article 35(2) and properly recognized and ordered enforcement of the German arbitral verdict; the appeal is dismissed.
Court Disposition
Appeal dismissed
Orders
- Order recognizing the German arbitral verdict as binding in Ontario and enforceable in the same manner as a judgment or order of the Superior Court is affirmed
- Costs to the respondent in the agreed amount of $6,000.00 inclusive of all applicable taxes and disbursements
Full Case Text
Judgment text and source record
1 paragraphs
Alfred Wegener Institute v. ALCI Aviation Ltd. Collection Decisions of the Court of Appeal Date 2014-05-14 Neutral citation 2014 ONCA 398 Docket numbers C57959 Judges Weiler, Karen Merle Magnuson; Hourigan, C. William; Pardu, Gladys I. Subject Civil Decision Content COURT OF APPEAL FOR ONTARIO CITATION: Alfred Wegener Institute v. ALCI Aviation Ltd., 2014 ONCA 398 DATE: 20140514 DOCKET: C57959 Weiler, Hourigan and Pardu JJ.A. BETWEEN Alfred Wegener Institute for Polar and Marine Research Applicant (Respondent) and ALCI Aviation Ltd. and Enterprise Airlines Inc. Respondents (Appellants) Robert J. Drake, for the appellants Brendan F. Morrison, for the respondent Heard: May 12, 2014 On appeal from the order of Justice Geoffrey B. Morawetz of the Superior Court of Justice, dated October 23, 2013. ENDORSEMENT [1] The appellants, ALCI Aviation Ltd. and Enterprise Airlines Inc., appeal from an order of the application judge ordering that an arbitral verdict rendered by a German arbitral tribunal be recognized as binding in Ontario and enforceable in the same manner as a judgment or order of the Superior Court. [2] The appellants did not appear at the arbitration, and did not file material or appear on the application. [3] On appeal, they raise for the first time the argument that a certified copy of the arbitral record was not before the application judge and that, as a result, the order recognizing the verdict should never have been made. [4] Article 35(2) of the International Commercial Arbitration Act, R.S.O., 1990, C. I.9 provides: (2) The party relying on an award or applying for its enforcement shall supply the duly authenticated original award or a duly certified copy thereof… [5] The affidavit, filed in support of the application, attached and identified under oath “a true copy of the duly certified translation of the Arbitral Verdict” together with a copy of the original verdict and the affidavit of the translator. [6] The copy bears what appear to be the signatures of the three members of the arbitral panel. [7] Where no issue was raised before the application judge as to the form of the copy or the accuracy of the copy of the verdict, it was open to the application judge to accept the affidavit evidence as duly certifying the document and meeting the requirements of article 35(2). No issue is raised on appeal as to the accuracy of the document. [8] Accordingly, the appeal is dismissed with costs to the respondent in the agreed amount of $6,000.00, inclusive of all applicable taxes and disbursements. “K.M. Weiler J.A.” “C.W. Hourigan J.A.” “G. Pardu J.A.”