COURT OF APPEAL FOR ONTARIO

CITATION: Sistem Mühendislik Inşaat Sanayi Ve Ticaret Anomic Sirketi v. Kyrgyz Republic, 2013 ONCA 83

DATE: 20130208

DOCKET: C55937

Goudge, Cronk and LaForme JJ.A.

BETWEEN

Sistem Mühendislik Inşaat Sanayi Ve Ticaret Anomic Sirketi

Applicants (Respondent)

and

Kyrgyz Republic and Kyrgyzaltyn JSC

Respondents (Appellant)

J.B. Casey and C. Doria, for the appellant

G. Pollack and S. Frankel, for the respondent

Heard: February 6, 2013

On appeal from the order of Justice David M. Brown of the Superior Court of Justice, dated July 25, 2012.

APPEAL BOOK ENDORSEMENT

[1] We see no basis to interfere with the order under appeal. We agree with Brown J. particularly with what he said at paragraphs 25 and 34 of his reasons for judgment. The appellant can at best be described as being contingently affected by the recognition order. That does not come within Rule 38.11. The appellant’s appeal of the standing issue is dismissed.

[2] Mr. Casey acknowledges that this disposes of the entire appeal and it is therefore unnecessary for us to deal with any of the other issues raised below. Costs to the respondent fixed at $20,000 all inclusive.