La Française IC 2 v. Wires
La Française IC 2, SICAV-FIS also known as IC2 Fund, SICAV-FIS
Law Firm / Organization
Agora International LLP
Lawyer(s)

Myriam Seers

David E. Wires
Law Firm / Organization
Lax O'Sullivan Lisus Gottlieb LLP
Lawyer(s)

M. Paul Michell

Summary: La Française IC 2, SICAV-FIS, successfully enforced an Arbitration Award against David E. Wires in Ontario. The award originated from a dispute over a funding agreement, leading to arbitration in London, England. Wires appealed the enforcement decision, challenging the arbitrator's impartiality and the respondent's standing due to alleged misidentification.

Background: The arbitration dismissed Wires' claims, imposing significant costs on him. Wires contested the enforcement in Ontario, asserting procedural errors and questioning the impartiality of the arbitrator. He also claimed the La Française IC 2, SICAV-FIS was incorrectly named in the award.

Court Analysis:

  • Arbitrator’s Impartiality: The court found no merit in Wires' claims of bias and upheld that addressing these claims again would constitute an abuse of process, as they had been previously dismissed by the Stockholm Chamber of Commerce and not pursued further.
  • Standing and Misidentification: The court dismissed concerns over misidentification, noting the consistent naming of the La Française IC 2, SICAV-FIS in key documents, affirming their standing to enforce the award.
  • Cost Award: The court rejected Wires' objections to the cost awards, confirming there was no double-counting by the arbitrator.

Outcome: The appeal was dismissed, with the court affirming the enforcement of the Arbitration Award. Costs of the appeal were awarded to La Française IC 2, SICAV-FIS, also known as IC2 Fund, SICAV-FIS, in the amount of $25,000.

Court of Appeal for Ontario
COA-23-CV-0822
Civil litigation
$ 25,000
Applicant