Parties: Applicants are AMAPLAT Mauritius Ltd. and Amari Nickel Holdings Zimbabwe Ltd. Respondents are Zimbabwe Mining Development Corporation and the Chief Mining Commissioner of Zimbabwe.
Legal Basis: Application under Rule 14.05 of the Ontario Rules of Civil Procedure to recognize and enforce a High Court of Zambia judgment in Canada.
Key Issues:
Counsel Withdrawal: Respondents' counsel moved to withdraw under Rule 15.04.
Substituted Service: Applicants requested substituted service of documents electronically, given procedural and substantive challenges.
Court’s Findings:
Withdrawal of Counsel: The court approved the withdrawal, finding it justifiable based on submitted materials.
Substituted Service:
Approved as necessary due to Zimbabwe not being a party to the Hague Convention and the Applicants' need to prevent delays.
Authorized service via electronic mail to the Respondents’ representatives and U.S. counsel, who are involved in related U.S. proceedings.
Found to align with Rules 16.01(4) and 16.04(1), ensuring procedural fairness and efficiency.
Does not contravene the State Immunity Act as it pertains to non-originating processes.
Order:
The court issued an immediate and enforceable order for substituted service, effective unless Respondents appoint new counsel or provide alternate email addresses.
