Federal – No Stay Where Case a Proper One for Summary Judgment – #919
…out the two-step framework established by the Supreme Court of Canada in Peace River Hydro Partners v Petrowest Corp., 2022 SCC 41, which provides that the first step in the…
BC – BPCPA amendments prohibiting arbitration agreements in consumer contracts retrospective not retroactive – #924
…River Hydro Partners v. Petrowest Corp., 2022 SCC 41 (See previous Arbitration Matters case note #687 Supreme Court – Peace River v Petrowest Part 2: no conflict between arbitration, bankruptcy…
Québec – Arbitration 101: parallel proceedings, multiple arbitration clauses, competence-competence, arbitrability, separability, waiver – #577
…legislation). The Supreme Court of Canada has before it the principle of separabiity for the first time in Petrowest Corporation v Peace River Hydro Partners, 2020 BCCA 339. For earlier…
Ontario – Refusal to respond not a waiver to arbitrate – #686
…term “inoperative” in the context of a stay application in bankruptcy or insolvency proceedings in Peace River Hydro Partners v. Petrowest Corp., 2022 SCC 41 (“Petrowest”). Justice Côté, writing for…
Alberta – Court of Appeal to clarify its jurisdiction in arbitration matters – #689
…to be dealt with by one supervising court. The Supreme Court of Canada recently waded into this in Peace River Hydro Partners v Petrowest, 2022 SCC 41, covered in Case…
Northwest Territories – Peace River Analogized in Oppression-Driven Disclaimer of Arbitration – #938
…by analogy to Peace River Hydro Partners v. Petrowest Corp., 2022 SCC 41, the Court approved the Receiver’s request because “not doing so would compromise the fair and orderly correction”…
Ontario – Stay granted: tort claims were in “pith and substance” contractual – #768
…2023 ONCA 260 holding that the Haas framework has been superseded by the framework articulated in Peace River Hydro Partners v Petrowest Corp, 2022 SCC 41, although it is unlikely…
Ontario – Breach of arbitration clause gives rise to cause of action – #894
…agreement, even if the contract that contains the arbitration agreement is terminated, breached, repudiated, or becomes invalid. This principle “safeguards” arbitration agreements (Peace River Hydro Partners v Petrowest Corp., 2022…
Ontario – BIA trustee cannot delegate claims determination to arbitrator – #695
…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…
Alberta – Arbitration agreement did not bind non-signatory beneficiary under container contract – #896
…Hydro Partners v Petrowest Corp, 2022 SCC 41 [Peace River] for the proposition that “all non-signatories, whether they are agents, trustees in bankruptcy, receivers, or assignees, may claim only through…