notes on new arbitration cases in Canada
…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…
…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…
…That approach contrasts with the prevailing Canadian common law approach, set out by the Supreme Court of Canada in Peace River Hydro Partners v. Petrowest Corp., 2022 SCC 41(“Peace River”)….
…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…
…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…
…and Conditions on Seller’s website. The Test: The court cited the test from Peace River Hydro Partners v PetroWest Corp., 2002 SCC 41 (“Peace River”)for a stay of court…
…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…
…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…
…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…
…containing an arbitration agreement, separability has little application. Unfortunately, the Court’s reasoning in this case is still flawed. Under the Peace River Hydro Partners v. Petrowest Corp., 2022 SCC 41…