In this case, the Ontario Court of Appeal discussed what
constitutes proper service of a foreign state under the federal
State Immunity Act (Act).
Sistem obtained an order in the Ontario Superior Court of
Justice to enforce an international arbitral award it had obtained
against the Kyrgyz Republic. The Court declared that the Kyrgyz
Republic had an equitable interest in shares of Canadian mining
company Centerra Gold Inc., which were held by a state-owned
company. The Court granted an order for the seizure of the shares
to satisfy the award. The Kyrgyz Republic did not participate in
the hearing or the appeal, but the state-owned Kyrgyz company did.
On appeal, the Kyrgyz company argued that the Kyrgyz Republic had
not been properly served with the initiating documents in
accordance with s. 9 of the State Immunity Act, and
without proper service the application judge could not properly
proceed as it did. The Court of Appeal agreed and set aside the
lower Court's decision. Under s. 9 of the Act, a state may be
served in any manner agreed on by the state, in accordance with an
international convention to which the state is a party, or through
the Deputy Minister of Foreign Affairs or a designate.
In this case, Sistem served the application by courier at the
Kyrgyz Republic's embassy in Washington, D.C., based on an
opinion Sistem obtained from a Kyrgyz Republic law firm that this
would be in accordance with the Vienna Convention. The
Ontario Court of Appeal noted that there was no provision in the
Vienna Convention dealing with service, and that service
on an embassy is not available as a means of effecting service on a
foreign state in any event.
It's not often that our little blog intersects with such titanic struggles as the U.S. presidential race – and by using the term "titanic" I certainly don't mean to suggest that anything disastrous is in the future.
J.J. v. C.C., is an interesting case in which the court held that an automotive garage owes a duty to minor children to secure the vehicles on the premises by locking the cars and safely storing the car keys...
In Irwin v. Alberta Veterinary Medical Association, 2015 ABCA 396, the Alberta Court of Appeal found that the "ABVMA" failed to afford procedural fairness to a veterinarian undergoing an incapacity assessment.
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