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Search Results for: petrowest

Posted on November 17, 2022November 17, 2022

Supreme Court – Peace River v Petrowest Part 1: Separability Clarified? – #682

…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…

Posted on December 1, 2022December 1, 2022

Supreme Court – Peace River v Petrowest Part 2: no conflict between arbitration, bankruptcy law – #687

…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…

Posted on January 16, 2023March 13, 2023

Eric/James 2022 Hot Topic: What is next for arbitration and insolvency? (Part 2) – #701

…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….

Posted on December 30, 2019January 3, 2021

B.C. – court asserts inherent jurisdiction under insolvency legislation to override arbitration clauses – #254

…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…

Posted on December 10, 2020June 14, 2021

B.C. – doctrine of separability allows receiver to disclaim agreement to arbitrate while litigating main contract – #399

…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…

Posted on January 16, 2023March 13, 2023

Timothy’s 2022 Hot Topic – At the crossroads of class actions and arbitration – #702

…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:…

Posted on June 9, 2022June 7, 2022

Ontario – Receiver not bound by international arbitration clause with foreign seat – #626

…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…

Posted on June 22, 2023June 19, 2023

Ontario – Doctrine of separability cannot apply where contract nonexistent – #749

…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?)….

Posted on January 16, 2023March 13, 2023

Liz’s 2022 Hot Topic: Treatment of arbitration agreements in 2022 – #703

…agreements are well drafted. Petrowest is discussed in Arbitration Matters Case Notes Supreme Court – Peace River v Petrowest Part 1: Separability Clarified? – #682 and Supreme Court – Peace…

Posted on January 5, 2023March 13, 2023

Eric/James’s 2022 Hot Topic: What is next for arbitration and insolvency? (Part 1) – #698

…v Petrowest, 2022 SCC 41 (“Petrowest”) and the Ontario Court of Appeal’s decision in Mundo Media Ltd. (Re), 2022 ONCA 607 (“Mundo”). Both decisions, in different ways, concern the tension…

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About Arbitration Matters

Arbitration Matters provides brief summaries of recent cases on commercial arbitration issues, as they are released, from across Canada. Therefore, the website is updated frequently. Each Case Note also provides commentary which helps put the case in context. As of Case Note #509 dated July 26, 2021, Lisa C. Munro, has continued the work done by the Honourable Justice Daniel Urbas before his judicial appointment to the Quebec Superior Court. She is assisted by a select group of other experienced arbitration practitioners, who also contribute regularly to the Case Notes.

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About Arbitration Matters

Arbitration Matters provides brief summaries of recent cases on commercial arbitration issues, as they are released, from across Canada. Each Case Note provides commentary which helps put the case in context.

Edited by: Lisa C Munro

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