Background:

• 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:

1. Counsel Withdrawal: Respondents' counsel moved to withdraw under Rule 15.04.
2. 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.
• No monetary award specified.