Key Points:

1. Nature of the Case:
   • The case concerns the enforcement of an international arbitral award in Ontario.
   • The appellant sought an adjournment to gather evidence from former legal counsel in China regarding alleged failures of natural justice in the arbitration process.
2. Application Judge's Decision:
   • The request for adjournment was denied based on factors from Ariston Realty Corp. v. Elcarim Inc.
   • The judge emphasized the limited scope for refusing enforcement of international arbitration awards.
   • Judgment was granted in favor of enforcing the arbitral award due to lack of compelling evidence or substantive submissions from the appellant.
3. Appeal Grounds:
   • The appellant's appeal primarily focused on the denial of the adjournment request.
   • The appellant acknowledged the correct application of discretionary decision-making factors but argued the decision contradicted the interests of justice.
4. Court of Appeal's Ruling:
   • The court found no error in the application judge's ruling.
   • It was noted that the appellant had ample time to secure evidence but failed to do so.
   • The appellant did not provide a sufficient explanation for its inaction.
   • Concern for prejudice against the respondent due to further delays was valid.
   • The appeal was dismissed as there were no substantive arguments beyond the adjournment issue.
5. Disposition:
   • Appeal dismissed.
   • Costs of $17,500 awarded to the respondent.