COURT OF APPEAL FOR ONTARIO

CITATION: New York Stock Exchange LLC v. Orbixa Technologies Inc., 2014 ONCA 219

DATE: 20140321

DOCKET: C57699

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

[1] Despite 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.

[2] The 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.

[3] Costs of $7000, inclusive of disbursements and all applicable taxes, payable by the appellant to the respondent.