notes on new arbitration cases in Canada
…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…
…Peace River v Petrowest Part 1: Separability Clarified? – #682 – Arbitration Matters; Supreme Court – Peace River v Petrowest Part 2: no conflict between arbitration, bankruptcy law – #687…
…the dispute, apply to that court to stay the proceedings.” The Chambers Judge began her analysis by citing the statement in Peace River Hydro Partners v. Petrowest Corp., 2022 SCC…
…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…
…(1) Did the motion to strike constitute a “step in the proceedings”? In Peace River Hydro Partners v. Petrowest Corp., 2022 SCC 41, the Supreme Court of Canada articulated the…
…Court did not address the application of the Supreme Court of Canada’s decision in Peace River Hydro Partners v. Petrowest Corp., 2022 SCC 41, which examined interactions between insolvency and…
…to arbitrate while litigating main contract – #399 ; Supreme Court – Peace River v Petrowest Part 1: Separability Clarified? – #682; Supreme Court – Peace River v Petrowest Part…
…parties were signatories to the arbitration agreement and it was “arguable” that others were also parties. The Court found that Peace River Hydro Partners v. Petrowest Corporation, 2022 SCC 41 broadened…
…agreement that grounds the stay of proceedings. The Court of Appeal found that Peace River Hydro Partners v Petrowest Corp, 2022 SCC 41 supersedes the stay analysis articulated in Haas…
…by arbitration. Analysis – The Court applied the two-part test from Peace River Hydro Partners v Petrowest Corp., 2022 SCC 41 (“Peace River”) to determine whether to stay the judicial…