Theodore Milosevic

JSC Chukotka Mining and Geological Company (Chukotka) sought to recognize and enforce an arbitral award issued by the International Commercial Arbitration Court at the Chamber of Commerce and Industry of the Russian Federation (ICAC) against Medivolve Inc. (Medivolve).

Medivolve opposed this application and brought a cross-application to set aside the arbitral award, arguing improper notice of the arbitration proceedings, inability to present its case, and unequal treatment by the arbitral tribunal.

The court found that Medivolve had received proper actual notice of the arbitration, despite courier delivery failures, and that its own dilatory actions contributed to its alleged inability to present its case.

The court also determined that the tribunal did not treat the parties unequally.

Consequently, the court granted Chukotka's application to recognize and enforce the arbitral award and denied Medivolve's application to set it aside, awarding costs to Chukotka.

The appellants appealed an approval and vesting order that authorized a receiver to sell a property in receivership.

One of the appellants, a second mortgagee, sought to redeem the first mortgage or be recognized as a successful creditor bidder, arguing an absolute right to redeem under the Mortgages Act.

The Court of Appeal dismissed the appeal, affirming the motions judge's decision that the right to redeem is qualified once a court-approved sales process has been undertaken in a receivership.

The court emphasized balancing the right to redeem against the integrity of the court-supervised sales process, finding no error in the motions judge's conclusion that the sales process was fair and the balance favoured its integrity.

In the context of a shareholder proxy fight, the applicants sought an order declaring the dissident shareholders' proxy circulars materially misleading and invalidating their proxies.

The dissident shareholders brought a motion seeking to hold the upcoming shareholders meeting virtually and to appoint an independent chair.

The court dismissed the application, finding the circulars were not materially misleading.

The court allowed the motion in part, refusing to mandate a purely virtual meeting but appointing the dissidents' proposed independent chair after finding the applicants deliberately breached a prior court order by unilaterally appointing their own chair.