Hannah Margaret Allen

This is a costs endorsement following the dismissal of an appeal.

The Court of Appeal for Ontario awarded all-inclusive costs of $200,000 to the successful respondent, Ontario First Nations (2008) Limited Partnership, against the appellants, Ontario Lottery and Gaming Corporation and Her Majesty the Queen in right of Ontario.

The decision considered that this was the second level of appeal, the issues involved, and the respondent's success.

This is an appeal from a Superior Court decision upholding an arbitration award.

The arbitration panel found that Ontario and OLG breached a Gaming Revenue Sharing and Financial Agreement with the First Nations Partnership by unilaterally stopping payments of non-gaming revenue and complimentary services ("Comps") after outsourcing non-gaming amenities.

The Court of Appeal dismissed the appeals, affirming the lower court's decision that the Agreement was breached and the damages awarded were appropriate.

The court declined to rule on the standard of review for commercial arbitration decisions post-Vavilov, finding the outcome would be the same under either standard, and also declined to address the "honour of the Crown" doctrine as it was not determinative.

The United Mexican States appealed a Superior Court of Justice decision that affirmed an arbitral tribunal's jurisdiction in a claim brought by Burr et al. under the North American Free Trade Agreement.

The arbitral tribunal had bifurcated proceedings into jurisdiction and merits phases, ruling it had jurisdiction over most claims.

Mexico's application to the Superior Court to set aside this jurisdictional ruling was dismissed.

Burr et al. moved to quash Mexico's appeal to the Court of Appeal.

The Court of Appeal granted the motion to quash, holding that the arbitral tribunal's ruling was a preliminary question of jurisdiction under Article 16(3) of the UNCITRAL Model Law on International Commercial Arbitration.

This article stipulates that a Superior Court's decision on such a preliminary jurisdictional ruling is 'subject to no appeal'.

The Court found that Mexico had not substantively pursued arguments under Article 34, which would permit an appeal, before the application judge.