Case information
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41742
United Mexican States v. Vento Motorcycles, Inc.
(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) |
|---|---|---|
| 2026-01-19 | Close file on Leave | |
| 2026-01-15 | Correspondence (sent by the Court) to, All parties; RE: Certificate of Taxation | |
| 2026-01-15 | Certificate of taxation issued to, John Terry | |
| 2026-01-15 | Decision on the bill of costs, in the amount of: $1,070.79, Reg | |
| 2026-01-15 | Submission of the bill of costs, Reg | |
| 2025-12-10 |
Bill of costs, UNDER REVIEW Required: Receipts for disbursements over $50 (Rec'd 2025-12-15) , Completed on: 2025-12-17 |
Vento Motorcycles, Inc. |
| 2025-09-18 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2025-09-18 | Judgment on leave sent to the parties | |
| 2025-09-18 |
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 COA-23-CV-1332, 2025 ONCA 82, dated February 4, 2025, is dismissed with costs. Dismissed, with costs |
|
| 2025-08-18 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2025-05-15 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2025-05-15, (Printed version filed on 2025-05-15) | United Mexican States |
| 2025-05-05 | Certificate (on limitations to public access), 23A | Vento Motorcycles, Inc. |
| 2025-05-05 | Notice of name | Vento Motorcycles, Inc. |
| 2025-05-05 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2025-05-05 | Vento Motorcycles, Inc. |
| 2025-04-10 | Lower court order - e-filing, COA-23-CV-1332 | United Mexican States |
| 2025-04-04 | Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED | |
| 2025-03-28 | Certificate (on limitations to public access) | United Mexican States |
| 2025-03-28 | Notice of name | United Mexican States |
| 2025-03-28 |
Application for leave to appeal, (Book Form), Missing: - Signed CA Orders (Rec 04-10-2025), Completed on: 2025-04-10 |
United Mexican States |
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 |
|---|---|---|
| United Mexican States | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Vento Motorcycles, Inc. | Respondent | Active |
Counsel
Party: United Mexican States
Counsel
Jennifer Radford
Stephanie Desjardins
Michelle Folinas
Ottawa, Ontario
K1P 6K7
Telephone: (613) 903-7015
Email: vderose@tradeisds.com
Agent
340 Gilmour Street
Suite 100
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: Vento Motorcycles, Inc.
Counsel
Myriam Seers
Suite 3000, Maritime Life Tower
P. O. Box 270, Toronto-Dominion Centre
Toronto, Ontario
M5K 1N2
Telephone: (416) 865-8245
FAX: (416) 865-7380
Email: jterry@torys.com
Agent
66 Lisgar Street
Ottawa, Ontario
K2P 0C1
Telephone: (613) 501-5350
Email: dshuhaibar@ovcounsel.com
Summary
Keywords
Administrative law — Boards and tribunals — Reasonable apprehension of bias — Where grounds exist for setting aside an international arbitral award under art. 34(2) of the UNCITRAL Model Law on International Commercial Arbitration, what is the nature and scope of the court’s discretion to not set aside the award — Does a finding of reasonable apprehension of bias with respect to one member of a three member arbitral panel automatically and necessarily taint the entire panel and the arbitral award?
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.
After a tribunal of three arbitrators dismissed a claim by Vento Motorcycles Inc. against the United Mexican States brought under the North American Free Trade Agreement, Vento Motorcycles Inc. learned of conduct involving a member of the tribunal. It brought a motion to the Ontario Superior Court of Justice to set aside the arbitral award. The motions judge held that the impugned conduct gave rise to a reasonable apprehension of bias but exercised her discretion not to set aside the award and dismissed the motion. The Court of Appeal allowed an appeal and set the award aside.
Lower court rulings
Application to set aside arbitral award dismissed
Appeal allowed; arbitral award 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