Case information
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32738
Yugraneft Corporation v. Rexx Management Corporation
(Alberta) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2011-03-07 | Appeal closed | |
| 2011-02-04 | Certificate of taxation issued to, Marie-France Major (both certificates) | |
| 2011-01-27 | Decision on the bill of costs, in the amount of $19,414.59, Reg | |
| 2011-01-27 | Decision on the bill of costs, (on Intervention) in the amount of $299.25, Reg | |
| 2011-01-27 | Submission of the bill of costs, Reg | |
| 2011-01-27 | Submission of the bill of costs, (on intervention), Reg | |
| 2010-06-24 | Correspondence received from, BCF Lawyers by e-mail, re.: copy of letter dated June 23/10 on Taxation | ADR Chambers Inc. |
| 2010-06-11 | Bill of costs, Completed on: 2010-06-24 | Rexx Management Corporation |
| 2010-06-11 | Bill of costs, (on intervention), Completed on: 2010-06-24 | Rexx Management Corporation |
| 2010-05-21 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2010-05-21 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2010-05-20 |
Judgment on the appeal rendered, CJ Bi LeB De F Abe Cha Ro Cro, The appeal from the judgment of the Court of Appeal of Alberta (Calgary), Number 0701-0230-AC, 2008 ABCA 274, dated August 5, 2008, heard on December 9, 2009, is dismissed with costs. Dismissed, with costs |
|
| 2010-01-05 | Transcript received, (69 pages) | |
| 2009-12-09 | Judgment reserved OR rendered with reasons to follow | |
| 2009-12-09 | Supplemental document, (Letter Form), Submitted in Court - ICC Bulletin (14 copies), Completed on: 2009-12-09 | London Court of International Arbitration |
| 2009-12-09 | Intervener's condensed book, Submitted in Court (14 copies) | ADR Chambers Inc. |
| 2009-12-09 | Intervener's condensed book, Submitted in Court (14 copies) | Canadian Arbitration Congress |
| 2009-12-09 | Respondent's condensed book, Submitted in Court (14 copies) | Rexx Management Corporation |
| 2009-12-09 | Appellant's condensed book, Submitted in Court (14 copies) | Yugraneft Corporation |
| 2009-12-09 | Acknowledgement and consent for video taping of proceedings, From all parties | |
| 2009-12-09 |
Hearing of the appeal, 2009-12-09, CJ Bi LeB De F Abe Cha Ro Cro Judgment reserved |
|
| 2009-12-07 | Correspondence received from, M.-F. Major by fax, re.: request of 2 reserved seats at he hearing | Rexx Management Corporation |
| 2009-12-02 | Notice of appearance, Stefan Martin and Pierre Grenier will be present at the hearing. | Institut de médiation et d'arbitrage du Québec |
| 2009-12-01 | Notice of appearance, Ivan Whitehall and Paul Lalonde will be present at the hearing. | Canadian Arbitration Congress |
| 2009-11-30 | Notice of appearance, Pierre Bienvenu, Frédéric Bachand and Alison Fitzgerald will be present at the hearing. | London Court of International Arbitration |
| 2009-11-30 | Notice of appearance, James Redmond, Barry Leon and Babak Barin will be present at the hearing. | ADR Chambers Inc. |
| 2009-11-30 |
Order by, Cro, FURTHER TO THE ORDER dated September 25, 2009, granting leave to intervene to the ADR Chambers Inc., the Canadian Arbitration Congress, the Institut de médiation et d'arbitrage du Québec and the London Court of International Arbitration; IT IS HEREBY FURTHER ORDERED THAT the said interveners are each granted permission to present oral argument not exceeding ten (10) minutes at the hearing of the appeal. Granted |
|
| 2009-11-26 | Notice of appearance, Scott Turner and Sam de Groot will be present at the hearing. | Yugraneft Corporation |
| 2009-11-26 | Notice of appearance, David Haigh, Michael Donaldson and Sonya Morgan will be present at the hearing. | Rexx Management Corporation |
| 2009-11-25 | Respondent's book of authorities, SUPPLEMENTAL, Completed on: 2009-11-25 | Rexx Management Corporation |
| 2009-11-25 | Reply factum on appeal, Completed on: 2009-11-25 | Rexx Management Corporation |
| 2009-11-18 | Intervener's book of authorities, CD missing - Rec'd on Nov. 23, 2009, Completed on: 2009-11-24 | Canadian Arbitration Congress |
| 2009-11-18 | Intervener's factum, CD missing - Rec'd on Nov. 23, 2009, Completed on: 2009-11-24 | Canadian Arbitration Congress |
| 2009-11-18 | Intervener's book of authorities, new CD requested - rec'd Dec. 1/09, Completed on: 2009-12-01 | ADR Chambers Inc. |
| 2009-11-18 | Intervener's factum, CD missing - Rec'd on Nov. 24, 2009, Completed on: 2009-11-25 | ADR Chambers Inc. |
| 2009-11-18 | Intervener's book of authorities, Page numbering done and rec'd Nov. 19/09, Completed on: 2009-11-19 | London Court of International Arbitration |
| 2009-11-18 | Intervener's factum, Completed on: 2009-11-18 | London Court of International Arbitration |
| 2009-11-18 | Intervener's book of authorities, Vol. 1 to 2 - CD to follow, Completed on: 2009-11-24 | Institut de médiation et d'arbitrage du Québec |
| 2009-11-18 | Intervener's factum, Page numbering done and CD rec'd Nov. 24/09, Completed on: 2009-11-24 | Institut de médiation et d'arbitrage du Québec |
| 2009-10-16 | Order on miscellaneous motion | |
| 2009-10-16 |
Decision on miscellaneous motion, Reg, permitting the respondent to reproduce only parts of the Exhibits of the Affidavit of Phil Murray, sworn March 28, 2006 and none of the Exhibits to the Affidavits of Kirill Vadimovich Nam, sworn July 17, 2006 in its Record, as filed Granted |
|
| 2009-10-15 | Submission of miscellaneous motion, Reg | |
| 2009-10-13 | Appellant's book of authorities, Volume 3, Completed on: 2009-10-13 | Yugraneft Corporation |
| 2009-10-08 | Reply factum on appeal, Completed on: 2009-10-08 | Yugraneft Corporation |
| 2009-09-28 | Letter sent to Intervener(s) | |
| 2009-09-25 | Notice of miscellaneous motion, to excuse compliance with Rule 40(3), Completed on: 2009-09-25 | Rexx Management Corporation |
| 2009-09-25 | Respondent's book of authorities, Vol. 1 to 4, Completed on: 2009-09-25 | Rexx Management Corporation |
| 2009-09-25 | Respondent's record, Vol. I and 2, Completed on: 2009-09-25 | Rexx Management Corporation |
| 2009-09-25 | Respondent's factum, Completed on: 2009-09-25 | Rexx Management Corporation |
| 2009-09-25 | Order on motion for leave to intervene, (BY CROMWELL J.) | |
| 2009-09-25 |
Decision on the motion for leave to intervene, Cro, UPON APPLICATIONS by the ADR Chambers Inc., the Canadian Arbitration Congress and the Institut de médiation et d’arbitrage du Québec for leave to intervene in the above appeal; AND UPON APPLICATION by the London Court of International Arbitration for an extension of time to apply for leave to intervene and for leave to intervene in the above appeal; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motions for leave to intervene of the ADR Chambers Inc., the Canadian Arbitration Congress and the Institut de médiation et d'arbitrage du Québec are granted and the said interveners shall each be entitled to serve and file a factum not to exceed 10 pages in length on or before November 18, 2009. The motion for an extension of time to apply for leave to intervene and for leave to intervene of the London Court of International Arbitration is granted and the said intervener shall be entitled to serve and file a factum not to exceed 10 pages in length on or before November 18, 2009. The requests to present oral argument are deferred to a date following receipt and consideration of the written arguments of the parties and the interveners. The interveners shall not be entitled to raise new issues beyond the proper interpretation or application of the Limitations Act, R.S.A. 2000, c. L-12, the International Commercial Arbitration Act, R.S.A. 2000, c. I-5, the Convention on the Recognition and Enforcement of Foreign Arbitral Awards adopted by the United Nations Conference on International Commercial Arbitration in New York on June 10, 1958, and the Model Law on International Commercial Arbitration adopted by the United Nations Commission on International Trade Law on June 21, 1985, or to adduce further evidence or otherwise to supplement the record of the parties. Pursuant to Rule 59(1)(a) of the Rules of the Supreme Court of Canada, the interveners shall pay to the appellant and respondent any additional disbursements occasioned to the appellant and respondent by their intervention. The respondent is granted permission to file a reply factum to the interventions not to exceed 10 pages in length on or before November 25, 2009. Granted |
|
| 2009-09-25 | Appeal perfected for hearing | |
| 2009-09-24 | Submission of motion for leave to intervene, Cro | |
| 2009-09-14 | Reply to the motion for leave to intervene, (bookform), Completed on: 2009-09-14 | Canadian Arbitration Congress |
| 2009-09-11 | Reply to the motion for leave to intervene, (bookform), Completed on: 2009-09-11 | ADR Chambers Inc. |
| 2009-09-11 | Reply to the motion for leave to intervene, (Letter Form), ffrom Sally Gomery dated Sept. 11/09, Completed on: 2009-09-11 | London Court of International Arbitration |
| 2009-09-08 | Response to the motion for leave to intervene, (bookform) (by all interveners), Completed on: 2009-09-08 | Rexx Management Corporation |
| 2009-09-01 | Motion to extend time, to file the motion for leave to intervene to Aug 31/09 (bookform), Completed on: 2009-09-01 | London Court of International Arbitration |
| 2009-08-31 | Motion for leave to intervene, (bookform) (extension of time rec'd Sept. 1/09), Completed on: 2009-09-01 | London Court of International Arbitration |
| 2009-08-28 | Motion for leave to intervene, (bookform), Completed on: 2009-08-28 | Institut de médiation et d'arbitrage du Québec |
| 2009-08-28 | Motion for leave to intervene, (bookform), Completed on: 2009-08-28 | Canadian Arbitration Congress |
| 2009-08-27 | Motion for leave to intervene, (bookform), Completed on: 2009-08-27 | ADR Chambers Inc. |
| 2009-08-13 | Notice of hearing sent to parties | |
| 2009-08-12 | Order on miscellaneous motion | |
| 2009-08-12 |
Decision on miscellaneous motion, Reg, to accept the printed appellant's book of authorities vol. I & II without page numbering Granted |
|
| 2009-08-12 | Submission of miscellaneous motion, Reg | |
| 2009-08-11 |
Appeal hearing scheduled, 2009-12-09, previously Nov-17-09 (Starting time 9:30 a.m.) Judgment reserved |
|
| 2009-08-07 | Notice of miscellaneous motion, to accept the Appellant's printed Book of Authorities without consecutive page numbering, Completed on: 2009-08-07 | Yugraneft Corporation |
| 2009-08-05 | Response to miscellaneous motion, (Letter Form), from Marie-France Major dated Aug. 5/09, Completed on: 2009-08-05 | Rexx Management Corporation |
| 2009-07-31 | Appellant's book of authorities, Vol. 1 and 2 - service rec'd Aug. 5/09 - Motion for document to be accepted as filed rec'd Aug. 6/09, Completed on: 2009-08-07 | Yugraneft Corporation |
| 2009-07-31 | Appellant's record, Vol. 1 and 2 - Service and C/A order with signature rec'd Aug. 5/09, Completed on: 2009-08-07 | Yugraneft Corporation |
| 2009-07-31 | Appellant's factum, Service rec'd Aug. 5/09 - New CD rec'd Aug. 10/09, Completed on: 2009-08-11 | Yugraneft Corporation |
| 2009-06-16 | Order on motion to extend time | |
| 2009-06-16 |
Decision on motion to extend time, to serve and file the appellant's factum, record and book of authorities to July 31/09, Reg Granted |
|
| 2009-06-16 | Submission of motion to extend time, Reg | |
| 2009-06-12 | Response to motion to extend time, Completed on: 2009-06-12 | Rexx Management Corporation |
| 2009-06-12 | Motion to extend time, to serve and file the appellant's factum to July 31-09 (bookform - CD-ROM included), Completed on: 2009-06-12 | Yugraneft Corporation |
| 2009-03-26 | Notice of appeal, Completed on: 2009-03-26 | Yugraneft Corporation |
| 2009-03-09 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2009-02-27 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2009-02-27 | Judgment on leave sent to the parties | |
| 2009-02-26 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal of Alberta (Calgary), Number 0701-0230-AC, 2008 ABCA 274, dated August 5, 2008, is granted with costs to the applicant in any event of the cause. Granted, with costs to the applicant(s) in any event of the cause |
|
| 2008-10-27 | All materials on application for leave submitted to the Judges, CJ F Ro | |
| 2008-10-03 | Respondent's response on the application for leave to appeal, Completed on: 2008-10-03 | Rexx Management Corporation |
| 2008-09-19 | Order on motion to extend time | |
| 2008-09-19 |
Decision on motion to extend time, to serve and file the respondent's response to Oct. 3/08, Reg Granted |
|
| 2008-09-19 | Submission of motion to extend time, Reg | |
| 2008-09-10 | Response to motion to extend time, Completed on: 2008-09-10 | Yugraneft Corporation |
| 2008-09-10 | Motion to extend time, to serve and file the response to Oct. 3/08 (draft order requested - rec'd by e-mail on Sept. 18/08), Completed on: 2008-09-10 | Rexx Management Corporation |
| 2008-08-14 | Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order | |
| 2008-08-06 | Application for leave to appeal, C/A order missing - Rec'd on August 29, 2008, Completed on: 2008-08-29 | Yugraneft Corporation |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Yugraneft Corporation | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Rexx Management Corporation | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| ADR Chambers Inc. | Intervener | Active |
| Canadian Arbitration Congress | Intervener | Active |
| Institut de médiation et d'arbitrage du Québec | Intervener | Active |
| London Court of International Arbitration | Intervener | Active |
Counsel
Party: Yugraneft Corporation
Counsel
Scott A. Turner
Sam de Groot
Sam de Groot
Burns, Fitzpatrick, Rogers & Schwartz LLP
1400-510 Burrard St.
Vancouver, British Columbia
V6C 3A8
Telephone: (604) 685-0121 Ext: 320
FAX: (604) 685-2104
Email: sturner@bfrs.ca
1400-510 Burrard St.
Vancouver, British Columbia
V6C 3A8
Telephone: (604) 685-0121 Ext: 320
FAX: (604) 685-2104
Email: sturner@bfrs.ca
Agent
Nancy K. Brooks
Blake, Cassels & Graydon LLP
45 O'Connor St.
20th Floor
Ottawa, Ontario
K1P 1A4
Telephone: (613) 788-2200
FAX: (613) 788-2247
Email: nancy.brooks@blakes.com
45 O'Connor St.
20th Floor
Ottawa, Ontario
K1P 1A4
Telephone: (613) 788-2200
FAX: (613) 788-2247
Email: nancy.brooks@blakes.com
Party: Rexx Management Corporation
Counsel
Michael J. Donaldson
David R. Haigh, Q.C.
Sonya A. Morgan
David R. Haigh, Q.C.
Sonya A. Morgan
Burnet, Duckworth & Palmer
1400, 350 7th Avenue, S.W.
Calgary, Alberta
T2P 3N9
Telephone: (403) 260-0228
FAX: (403) 260-0332
Email: mjd@bdplaw.com
1400, 350 7th Avenue, S.W.
Calgary, Alberta
T2P 3N9
Telephone: (403) 260-0228
FAX: (403) 260-0332
Email: mjd@bdplaw.com
Agent
Marie-France Major
Lang Michener LLP
300 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: mmajor@langmichener.ca
300 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: mmajor@langmichener.ca
Party: ADR Chambers Inc.
Counsel
Babak Barin
Vikki Andrighetti
Andrew McDougall
James E. Redmond, Q.C. (780) 409-8289
Barry Leon
Vikki Andrighetti
Andrew McDougall
James E. Redmond, Q.C. (780) 409-8289
Barry Leon
BCF LLP
1100 René Lévesque Blvd. West, 25th Floor
Montréal, Quebec
H3B 5C9
Telephone: (514) 397-5554
FAX: (514) 397-8515
Email: bbarin@bcf.ca
1100 René Lévesque Blvd. West, 25th Floor
Montréal, Quebec
H3B 5C9
Telephone: (514) 397-5554
FAX: (514) 397-8515
Email: bbarin@bcf.ca
Agent
Barry Leon
Perley-Robertson, Hill & McDougall
1400-340 Alberta Street
Ottawa, Ontario
K1R 0A5
Telephone: (613) 566-2843
FAX: (613) 238-8775
1400-340 Alberta Street
Ottawa, Ontario
K1R 0A5
Telephone: (613) 566-2843
FAX: (613) 238-8775
Party: Canadian Arbitration Congress
Counsel
Ivan G. Whitehall, Q.C.
Paul M. Lalonde
Martha Harrison
Alyssa Tomkins
Alejandro Manevich
Paul M. Lalonde
Martha Harrison
Alyssa Tomkins
Alejandro Manevich
Heenan Blaikie LLP
55 Metcalfe Street
Suite 300
Ottawa, Ontario
K1P 6L5
Telephone: (613) 236-1668
FAX: (613) 236-9632
Email: iwhitehall@heenan.ca
55 Metcalfe Street
Suite 300
Ottawa, Ontario
K1P 6L5
Telephone: (613) 236-1668
FAX: (613) 236-9632
Email: iwhitehall@heenan.ca
Party: London Court of International Arbitration
Counsel
Pierre Bienvenu
Frédéric Bachand
Alison Fitzgerald
Frédéric Bachand
Alison Fitzgerald
Ogilvy Renault LLP
1, Place Ville Marie
Bureau 2500
Montréal, Quebec
H3B 1R1
Telephone: (514) 847-4452
FAX: (514) 286-5474
Email: pbienvenu@ogilvyrenault.com
1, Place Ville Marie
Bureau 2500
Montréal, Quebec
H3B 1R1
Telephone: (514) 847-4452
FAX: (514) 286-5474
Email: pbienvenu@ogilvyrenault.com
Agent
Sally A. Gomery
Ogilvy Renault LLP
1500 - 45, O'Connor Street
Ottawa, Ontario
K1P 1A4
Telephone: (613) 780-8661
FAX: (613) 230-5459
Email: sgomery@ogilvyrenault.com
1500 - 45, O'Connor Street
Ottawa, Ontario
K1P 1A4
Telephone: (613) 780-8661
FAX: (613) 230-5459
Email: sgomery@ogilvyrenault.com
Party: Institut de médiation et d'arbitrage du Québec
Counsel
Stefan Martin
Pierre Grenier
Pierre Grenier
Fraser Milner Casgrain LLP
1, Place Ville-Marie
Bureau 3900
Montréal, Quebec
H3B 4M7
Telephone: (514) 878-5832
FAX: (514) 866-2241
Email: stefan.martin@fmc-law.com
1, Place Ville-Marie
Bureau 3900
Montréal, Quebec
H3B 4M7
Telephone: (514) 878-5832
FAX: (514) 866-2241
Email: stefan.martin@fmc-law.com
Agent
Thomas A. Houston
Fraser Milner Casgrain LLP
99 Bank Street
Suite 1420
Ottawa, Ontario
K1P 1H4
Telephone: (613) 783-9600
FAX: (613) 783-9690
99 Bank Street
Suite 1420
Ottawa, Ontario
K1P 1H4
Telephone: (613) 783-9600
FAX: (613) 783-9690
Summary
Keywords
None.
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
Limitation of actions - Arbitration - Whether the Alberta Court of Appeal erred in finding that the Appellant’s application for recognition and enforcement of the award is barred by operation of the Limitations Act, R.S.A. 2000, c. L-12.
On September 6, 2002, the International Commercial Arbitration Court at the Chamber of Commerce and Industry of the Russian Federation granted an arbitration award in favour of the Appellant against the Respondent, in the amount of $952,614.43 U.S. The Appellant claimed that the money was owed for equipment paid for but not supplied by the Respondent. On January 27, 2006, more than three years later, the Appellant applied pursuant to the International Commercial Arbitration Act, R.S.A. 2000, c. I-5, for an order recognizing and enforcing the award. The Respondent sought dismissal of the application or a stay, pending the resolution of a racketeer-influenced and corrupt organizations case.
Lower court rulings
June 27, 2007
Court of Queen’s Bench of Alberta
0601-01294, 2007 ABQB 450
Court of Queen’s Bench of Alberta
0601-01294, 2007 ABQB 450
see file
August 5, 2008
Court of Appeal of Alberta (Calgary)
0701-0230-AC, 2008 ABCA 274
Court of Appeal of Alberta (Calgary)
0701-0230-AC, 2008 ABCA 274
see file
Memorandums of argument on application for leave to appeal
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filing out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
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Related links
Factums on appeal
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
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Date modified: 2025-05-13