COURT OF APPEAL FOR ONTARIO
Watt, Lauwers and Benotto JJ.A.
In the Matter of an Application to recognize an International Commercial Arbitral Award, pursuant to Section 11 of the International Commercial Act and Rule 14.05(3)(d) and (h) of the Rules of Civil Procedure
BETWEEN
New York Stock Exchange LLC
Applicant (Respondent)
and
Orbixa Technologies Inc.
Respondent (Appellant)
Morris Cooper, for the appellant
Jason Squire, for the respondent
Heard: March 20, 2014
On appeal from the judgment of Justice Laurence A. Pattillo of the Superior Court of Justice, dated September 6, 2013.
APPEAL BOOK ENDORSEMENT
1Despite Mr. Cooper’s able argument, we are not persuaded that the application judge erred in rejecting each argument advanced there and repeated here. Indeed, we agree with his disposition of the application and the reasons he gave for reaching his conclusion.
2The proposed fresh evidence satisfies the Palmer test for admission, but we do not need to consider it in reaching our conclusion in this appeal. The appeal is dismissed.
3Costs of $7000, inclusive of disbursements and all applicable taxes, payable by the appellant to the respondent.
