JJ's Response to Petition S117803PART 4: FACTUAL BASIS
1. On July 20, 2011, the Tribunal made the Partial Final Award (the "Award").
2. On September 19, 2011, the petition respondents commenced a Petition (the "appeal Petition") for an order granting leave to appeal the Award and an order setting aside the Award on the basis that the Tribunal made certain errors of law.
3. On September 26, 2011, the Tribunal determined supplementary issues flowing as a result of the Award.
4. The hearing of the application for leave to appeal the Award is set for one day on December 12, 2011.
Part 5: LEGAL BASIS
1. Under section 29 of the Commercial Arbitration Act, the Court has the discretion to refuse or delay the enforcement of an arbitration award, including on the ground that there is a pending application for leave to appeal or to appeal such award.
2. As indicated in the Appeal Petition, there is a serious issue to be tried in the pending hearing of such petition.
3. The enforcement of the Award will require significant changes to the current structure, funding, and shareholding of Jien Canada Mining Ltd. Such changes may result in serious harm to the continuing operations and viability of the company which may be irreversible, even if the Court subsequently orders that the Award be set aside.
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JJ are so offside it is unblvble. Here they are cautioning a Supreme Court Judge that his/her decision might effect the viability of the Nunavik Nickel Project, the jobs and skills that project represents, and by extension Jean Charest's Plan Nord. Essentially: "We are allowed to bully our Cdn junior partner, steal their interests, and conceal our hand from everyone, or we will pretend to pull the project". This should really be front page National news, and it's remarkable that it's not.