The appellant sought to enforce an ICC arbitral award against the State of Libya by garnishing its embassy bank accounts in Canada.
Libya moved to quash the garnishments, claiming diplomatic immunity, which the motion judge granted.
The appellant appealed, but Libya had a pending motion in the Superior Court to set aside the underlying recognition and enforcement order.
The Court of Appeal adjourned the appeal sine die on the basis of prematurity, finding that the pending motion could render the appeal moot.
The Court also continued a stay order freezing the bank accounts, finding a real risk that the funds would be removed if the stay was lifted.
