Republic of India c CCDM Holdings 2023 QCCA 327 - 14 March 2023
Country
Year
2023
Summary
[1] The applicant seeks leave to appeal from a judgment by the Honourable Michel A. Pinsonnault of the Superior Court of Quebec, District of Montreal, rendered on December 23, 2022, in the course of a proceeding. The judgment declared that the applicant is not immune from the jurisdiction of the Superior Court of Quebec as per the State Immunity Act, R.S.C. 1985, c. S-18.
[2] The applicant, the Republic of India, is a foreign state according to the Act. If leave is granted, the Court will have to consider the application of two exceptions to the principle of immunity provided by the Act. The initial dispute arose from an international arbitration award. The presence of the parties before the Superior Court is the result a seizure in the hands of the Impleaded Parties at the headquarters of IATA in Montreal.
[3] The applicant argues that the judgment is flawed in three respects. The judge allegedly erred (a) in the application of the commercial activity exception, (b) in the application of the statutory waiver of immunity, and (c) in his reliance on a judgment of the Supreme Court of India.
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