Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.
Results update automatically as you type.
Canada decisions
Decisions matching the current search
Ontario Court of Appeal upheld enforcement of a Dubai-seated arbitral award, holding the agreement incorporated amended rules and Article V of the New York Convention was not breached.
The appeal is dismissed because the application judge's finding—that the Kyrgyz Republic had not de facto appropriated KGC and therefore was not the debtor to whom Centerra's intercompany payment was payable—was open on the record and supported by evidence (including ongoing Chapter 11 protection, injunctions, and international arbitration/GAA outcomes); there was no reversible error and the appellant was bound by the court‑approved plan and its releases.
Source excerpt
The Federal Court allowed an appeal from a stay refusal and ordered the action stayed in favour of Bermuda arbitration, applying the competence-competence doctrine.
The court recognized and enforced a Swiss arbitral award, rejected a public policy objection based on alleged double recovery, and denied a stay of execution.
The Federal Court dismissed a judicial review challenge to the Trade Law Bureau’s decision on alleged counsel conflict in a NAFTA Chapter 11 arbitration.
The Supreme Court addressed whether Quebec could authorize pre-judgment garnishment of funds held in Switzerland by IATA for Iraq. The majority dismissed the appeals; Côté J. dissented.
The clause plainly required that where Toronto was selected as the seat the arbitration be conducted according to the procedural laws of the English Arbitration Act 1996, so s.14(4) applies; the Court will not decide whether the arbitration was properly commenced because that question is reserved to the arbitrators; accordingly the application judge's dismissal stands and the appeal is dismissed.
Source excerpt
Federal Court dismissed Canada’s application to set aside a NAFTA Chapter 11 award, holding the tribunal’s alleged errors were merits issues, not jurisdictional ones.
The award on jurisdiction and liability was a final partial award subject to immediate judicial review; article 34(4) did not permit suspension because the damages phase could not eliminate the grounds for set aside; the prothonotary did not err in law or fact in refusing a stay under art.34(4) or s.50(1)(b) given lack of available remedial benefit from delay, speculative prejudice to appellants, and real prejudice to Canada from delay — appeal dismissed with costs.
Source excerpt
The appeal is dismissed: the Court upheld the arbitral award because the tribunal did not exceed its jurisdiction in deciding counterclaims that were sufficiently connected to the submitted disputes; there was no denial of procedural fairness warranting set-aside; any absence of detailed reasons on prolongation costs did not vitiate the award; and the award did not offend Ontario public policy. High deference to international arbitral tribunals under the Model Law applies.
Source excerpt
Explore more
