notes on new arbitration cases in Canada
…Corporation and its affiliates (“Petrowest”). On August 15, 2017, the Alberta Court of Queen’s Bench ordered Petrowest and affiliates into receivership pursuant to s. 243 of the Bankruptcy and Insolvency…
…formed to design and construct a hydroelectric dam in northeastern British Columbia. They sub-contracted some of the work to Petrowest Corporation and its affiliates (“Petrowest”). On August 15, 2017, the…
…Petrowest Corp., 2022 SCC 41 (CanLII) (“Petrowest”) and held that it – rather than an arbitral tribunal – could rule on one party’s performance of its obligations under a contract…
…Petrowest, 2022 SCC 41 (“Petrowest”). The Supreme Court’s Decision in Petrowest In the Petrowest decision, Petrowest Corporation (“Petrowest”) was placed in receivership. Petrowest’s receiver commenced an action in the B.C….
…Petrowest Services Rentals LP by its general partner Petrowest GP Ltd., c.o.b. “Nu-Northern Tractor Rentals”; (v) Petrowest GP Ltd., as general partner of Petrowest Civil Services LP, Petrowest Construction LP…
…as of September 1, 2020, B.C.’s new Arbitration Act, SBC 2020, c 2 replaced the former Arbitration Act. Petrowest Corporation (“Petrowest”) is in receivership. Its affiliates have been assigned into…
…Hydro Partners v Petrowest Corp., 2022 SCC 41(“Petrowest”), on motions to stay litigation in favor of arbitration. Petrowest was covered in previous Arbitration Matters Case Notes: Supreme Court – Peace…
…confluence of arbitration and insolvency law: Peace River Hydro Partners v. Petrowest Corp., 2022 SCC 41 (“Petrowest”) (covered in Case Notes: Supreme Court – Peace River v Petrowest Part 1:…
…of Canada’s decision in Petrowest may well quickly render this decision obsolete, but unlike Petrowest, this case involved an international arbitration agreement. Justice Penny focused his analysis on the interplay…
…Partners v. Petrowest Corp., 2022 SCC 41, and emphasized its protective function (See also – Arbitration Matters Case 682: Supreme Court – Peace River v Petrowest Part 1: Separability Clarified?)….