Case information
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36601
Sistem Mühendislik Insaat Sanayi Ve Ticaret Anonim Sirketi v. Kyrgyz Republic, et al.
(Ontario) (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) |
|---|---|---|
| 2016-02-17 | Close file on Leave | |
| 2016-02-12 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2016-02-12 | Judgment on leave sent to the parties | |
| 2016-02-11 |
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 for Ontario, Number C58711, 2014 ONCA 447, dated June 19, 2015, is dismissed with costs. Dismissed, with costs |
|
| 2015-12-31 | All materials on application for leave submitted to the Judges, Abe Ka Br | |
| 2015-10-26 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2015-10-26, (Electronic version filed on 2015-10-26) | Sistem Mühendislik Insaat Sanayi Ve Ticaret Anonim Sirketi |
| 2015-10-15 | Notice of name, (Letter Form), (Electronic version filed on 2015-10-15) | Kyrgyzaltyn JSC |
| 2015-10-15 | Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2015-10-15) | Kyrgyzaltyn JSC |
| 2015-10-15 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2015-10-15, (Electronic version filed on 2015-10-15) | Kyrgyzaltyn JSC |
| 2015-09-15 | Letter acknowledging receipt of a complete application for leave to appeal, file opened 2015-09-15. | |
| 2015-09-10 | Notice of name, (Letter Form), (Electronic version filed on 2015-09-10) | Sistem Mühendislik Insaat Sanayi Ve Ticaret Anonim Sirketi |
| 2015-09-10 | Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2015-09-10) | Sistem Mühendislik Insaat Sanayi Ve Ticaret Anonim Sirketi |
| 2015-09-10 | Application for leave to appeal, (Book Form), Revised electronic version received 2015-09-15. CA Order dated 2015-06-19 receivecd 2015-09-21., Completed on: 2015-09-10, (Electronic version filed on 2015-09-10) | Sistem Mühendislik Insaat Sanayi Ve Ticaret Anonim Sirketi |
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 |
|---|---|---|
| Sistem Mühendislik Insaat Sanayi Ve Ticaret Anonim Sirketi | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Kyrgyz Republic | Respondent | Active |
| Kyrgyzaltyn JSC | Respondent | Active |
Counsel
Party: Sistem Mühendislik Insaat Sanayi Ve Ticaret Anonim Sirketi
Counsel
Steven G. Frankel
Anisah S. Hassan
1501 McGill College Avenue, 26th Floor
Montreal, Quebec
H3A 3N9
Telephone: (514) 841-6400
FAX: (514) 841-6499
Email: gpollack@dwpv.com
Agent
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: Kyrgyz Republic
This party is not represented by counsel.
Party: Kyrgyzaltyn JSC
Counsel
Christina Doria
Matt Saunders
181 Bay Street, Suite 2100
BCE Place
Toronto, Ontario
M5J 2T3
Telephone: (416) 863-1221
FAX: (416) 863-6275
Email: Matthew.Latella@bakermckenzie.com
Agent
160 Elgin Street, Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0171
FAX: (613) 563-9869
Email: jeff.beedell@gowlingwlg.com
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.
Public international law – Private international law – State immunity – Service on foreign state – Does the Court of Appeal’s interpretation of procedural provisions of the State Immunity Act, R.S.C. 1985, c. S-18 (the “SIA”), undermine the purpose of restrictive immunity under that statute thereby denying access to justice and permitting foreign states to grant themselves absolute immunity in Canada? – Is the Court of Appeal’s interpretation inconsistent with authority in other provinces? – Does the SIA, a federal statute, overrule provincial legislation in respect of matters that are within the exclusive competence of the provinces? – State Immunity Act, R.S.C., 1985, c. S-18, ss. 9, 17.
The Applicant, a Turkish company, initiated arbitration proceedings against the Kyrgyz Republic (the “Republic”) under the auspices of the International Centre for Settlement of Investment Disputes, seeking compensation for the loss of its hotel investment. On September 9, 2009, the arbitral tribunal ordered the Republic to pay to the Applicant approximately US $9 million (the “award”).
On January 5, 2011, the Applicant obtained an order recognizing the award in Ontario. In the course of subsequent enforcement proceedings, it was determined that the Republic held no assets in Ontario. The Respondent Kyrgyzaltyn JSC (“KJSC”), a state-owned Kyrgyz enterprise which holds shares of Centerra Gold, a publicly-traded Canadian mining corporation (the “Centerra shares”), was added as a party against which enforcement was sought. Specifically, the Applicant sought a declaration confirming that the Republic beneficially owns the Centerra shares registered in KJSC’s name.
KJSC opposed the application for a declaratory order on grounds, inter alia, that such an order could not be made without the Republic being properly served in accordance with the SIA.
Lower court rulings
Ontario Superior Court of Justice
2014 ONSC 2407, CV-11-9419-00CL
Application for declaratory order allowed.
Court of Appeal for Ontario
C58711, 2014 ONCA 447
Appeal allowed and declaratory order set aside.
Filed documents
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 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 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.
Downloadable PDFs
Not available
Related links
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
Not available
Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books 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 condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
Not available