Court Of Appeal Summaries (September 28 – October 2, 2015)

Hello Everyone,

There was only one substantive civil decision of the Court of Appeal this week. It involved an appeal of a motion judge's order that a garnished bank account of the State of Libya enjoyed diplomatic immunity and was therefore not subject to garnishment. However, the court only dealt with the preliminary question of whether hearing the appeal was premature, having regard to Libya's pending rule 38.11 motion in Superior Court to set the underlying order aside. The appeal was adjourned sine die and the stay of enforcement was continued pending the outcome of the motion.

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Table of Contents

Civil Cases

Canadian Planning and Design Consultants Inc. v. Libya, 2015 ONCA 661 (click on the case name to read the summary)

Keywords: International Law, Commercial Law, International Arbitration, Waiver of Diplomatic Immunity, Registration and Enforcement of Arbitral Award, Notices of Garnishment, Rules of Civil Procedure, Rule 38.11, Motion to Set Aside Order Made Without Notice, , Stay Order, Adjournment of Appeal, Premature Appeal, Mootness, Multiplicity of Proceedings, Inconsistent Findings, Irreparable Harm, RJR-MacDonald Inc. v. Canada, State Immunity Act, s. 11, Vienna Convention, Article 25

For a list of Criminal Law decisions, click here

For a list of Ontario Review Board Decision decisions, click here

Civil Cases

Canadian Planning and Design Consultants Inc. v. Libya, 2015 ONCA 661

[Cronk, Hourigan and Benotto JJ.A.]

Counsel:

J. Adair and D. Quayat, for the appellant

J. Melia, J. Radford and K. Humphries, for the respondent, the State of Libya

C. Francis, for the respondent, Royal Bank of Canada

J. Dais-Visca and J. Winbaum, for the intervener, the Attorney General of Canada

Keywords: International Law, Commercial Law, International Arbitration, Waiver of Diplomatic Immunity, Registration and Enforcement of Arbitral Award, Notices of Garnishment, Rules of Civil Procedure, Rule 38.11, Motion to Set Aside Order Made Without Notice, , Stay Order, Adjournment of Appeal, Premature Appeal, Mootness, Multiplicity of Proceedings, Inconsistent Findings, Irreparable Harm, RJR-MacDonald Inc. v. Canada, State Immunity Act, s. 11, Vienna Convention, Article 25

Facts:

Litigation began as a claim by Canadian Planning and Design Consultants Inc. ("Canadian Planning") against the respondent sovereign state, Libya, arising out of a hospital management agreement made in Libya in 2007. The dispute was heard before the International Chamber of Commerce International Court of Arbitration ("ICC"), which ordered Libya to pay an award of approximately $11 million dollars.

Canadian Planning brought an application for registration and enforcement of the ICC award in Ontario. The court issued the requested order ("REO"), which included language stating that Libya had waived its immunity from the attachment. In December 2014, the Superior Court issued notices of garnishment naming Libya as the debtor. Canadian Planning served the notices of garnishment on the respondent, RBC. Shortly after, Libya moved to set aside the REO pursuant to rule 38.11. This motion is yet to be heard.

This appeal arises out of a motion judge's order to quash the notices of garnishment, order that no new notices be issued and restraining the appellant, Canadian Planning, from any further...