Ontario – When is an appeal of a stay decision barred? – #757
…of the validity of the arbitration agreement to the arbitrator (which should frequently be the situation given the guidance from the Supreme Court of Canada in Dell, Uber and Petrowest…
notes on new arbitration cases in Canada
…of the validity of the arbitration agreement to the arbitrator (which should frequently be the situation given the guidance from the Supreme Court of Canada in Dell, Uber and Petrowest…
…of technical prerequisites for a stay of proceedings from Peace River Hydro Partners v Petrowest Corp., 2022 SCC 41 : “[83] There are typically four technical prerequisites relevant at this stage:…
…arbitration, Justice Kimmel stated that “[t]here is no crystal ball that can foretell this”.” Contributor’s Note: In Peace River Hydro Partners v. Petrowest Corp, 2022 SCC 41, the Supreme Court…
…its jurisdiction: Peace River Hydro Partners v Petrowest Corp, 2022 SCC 41 at para. 39. The Court’s logic in this case arguably dictates a parallel application of this test to…
…documentary evidence in the record. As Justice Willcock observed at para. 61, the Supreme Court’s recent decision in Peace River Hydro Partners v. Petrowest Corp., 2022 SCC 41, endorsed the…
…the arbitrator. Citing the Supreme Court of Canada’s recent decision in Peace River Hydro Partners Petrowest Corp, 2022 SCC 41, the Court set out the current state of the law…
…stay application) asserted that the application should be heard by an arbitrator. The Court relied on Peace River Hydro Partners v Petrowest Corp., 2022 SCC 41 [“Peace River”] at para…
…v Luxtona Ltd., and United Mexican States v Burr]; and (2) the application of the foundational principle of “separability” in the bankruptcy context in Petrowest Corporation v Peace River Hydro…
…the first nor last salvo (see for example: Petrowest Corporation v. Peace River Hydro Partners, 2020 BCCA 339, Supreme Court of Canada decision pending, which touched on the applicability of…
…uphill battle” given the Supreme Court of Canada’s explanation in Peace River Hydro Partners v. Petrowest Corp., 2022 SCC 41 that, “[t]he burden is on the plaintiffs as the parties…