notes on new arbitration cases in Canada
…Doctrine of separability cannot apply where contract nonexistent – #749). However, as made clear in Irwin and this case, if on a stay application the motions judge defers the determination…
…separability allows receiver to disclaim agreement to arbitrate while litigating main contract. The decision of Justice Miller also demonstrates confidence in sophisticated parties’ abilities to assess the risk of an…
…and Supreme Court – Peace River v Petrowest Part 1: Separability Clarified? – #682. In the current case, the Court merely looked at the award’s hypothetical impact on the CCAA…
…court to determine whether the arbitration agreement, NOT the main contract, is invalid. The word “invalid” is not defined in the Act, but because of the principle of separability, the…
…the termination or expiration of the agreements. He also relied upon the principle of separability, as set out in Petrowest Corporation v Peace River Hydro Partners, 2020 BCCA 339 at…
…insolvency legislation to override arbitration clauses – #254 and B.C. – doctrine of separability allows receiver to disclaim agreement to arbitrate while litigating main contract – #399. Leave to appeal…
…in respect of court proceedings relating to the arbitration among these parties see: N.L. – court endorses principle of separability of arbitration agreement despite omission in legislation – #131 and…