Erin Peters

This is a costs endorsement following the dismissal of an appeal and a motion to quash.

The respondent, successful on the appeal, sought substantial indemnity costs of over $230,000.

The appellants argued for a net award of $30,000.

The court rejected the request for substantial indemnity, agreeing that costs for the unsuccessful motion to quash should be deducted.

The court ultimately awarded the respondent $90,000 in all-inclusive partial indemnity costs, finding the amounts and issues involved in the appeal significant.

This is an appeal from a Superior Court decision that denied leave to appeal an arbitration award exceeding $100 million.

The central issue was whether the arbitration agreement precluded appeals on questions of law, specifically interpreting phrases like "finally settled" and "final and binding" in the context of the Arbitration Act, 1991 and ICC Rules.

The Court of Appeal upheld the application judge's finding that the arbitration agreement precluded appeals, thereby confirming that leave to appeal was not available.

The court also addressed and dismissed a motion to quash the appeal, clarifying the narrow circumstances under which a denial of leave to appeal by a Superior Court judge can be appealed to the Court of Appeal.

This motion concerned an application by Tower-EBC G.P./S.E.N.C. (TEBC) to enforce two arbitral awards (a Partial Final Award on liability and damages, and a Final Award on costs) against Baffinland Iron Mines Corporation and Baffinland Iron Mines LP (BIM).

BIM raised several defenses, including a pending application to set aside or appeal the awards, which had previously been dismissed by the court.

The court granted TEBC's application to enforce both awards, confirming the awarded amounts for damages and costs, with a condition regarding the transfer of equipment title and excluding "applicable taxes" as not provided for in the original arbitral awards.

Pre-judgment interest was maintained as per the Tribunal's award.

The applicants, Baffinland Iron Mines LP and Baffinland Iron Mines Corporation (BIM), sought to set aside an arbitration award of over $70 million and a subsequent costs award in favour of the respondent, Tower-EBC G.P./S.E.N.C. (TEBC), pursuant to s. 46 of the Arbitration Act, 1991, and for leave to appeal under s. 45(1) of the Act.

The court dismissed BIM's application, finding no grounds to set aside the award for lack of jurisdiction or procedural unfairness, and further held that the arbitration agreement precluded an appeal from the Tribunal's decision.