Gulf Canada Resources Ltd. v. Arochem International Ltd. et al., (1991) 1 B.C.A.C. 158 (CA)

JudgeHinds, J.A.
CourtCourt of Appeal (British Columbia)
Case DateMay 23, 1991
JurisdictionBritish Columbia
Citations(1991), 1 B.C.A.C. 158 (CA)

Gulf Can. Resources v. Arochem Intl. (1991), 1 B.C.A.C. 158 (CA);

    1 W.A.C. 158

MLB headnote and full text

Gulf Canada Resources Limited/Resources Gulf Canada Limitée (appellant) v. Arochem International Ltd. and Arochem International Inc. (respondents)

(CA013810)

Indexed As: Gulf Canada Resources Ltd. v. Arochem International Ltd. et al.

British Columbia Court of Appeal

Hinds, J.A.

June 4, 1991.

Summary:

Gulf and Arochem entered an arbitration agreement. Court proceedings were commenced, notwithstanding the agreement. One of the parties applied to stay the court proceedings pursuant to s. 8 of the International Commercial Arbitration Act. A chambers judge granted the stay. Gulf applied for leave to appeal.

The British Columbia Court of Appeal, per Hinds, J.A., sitting in chambers, granted leave to appeal.

Practice - Topic 8870

Appeals - Leave to appeal - General - The British Columbia Court of Appeal reviewed the principles governing the granting of leave to appeal - See paragraphs 3 and 4.

Practice - Topic 8881

Appeals - Leave to appeal - Stay of proceedings pending - A chambers judge stayed court proceedings pursuant to s. 8 of the International Commercial Arbitration Act (B.C.) - One of the parties applied for leave to appeal the stay - The British Columbia Court of Appeal granted leave to appeal where there was a good arguable case and the appeal was of sufficient merit to warrant granting leave to appeal.

Cases Noticed:

Dalep v. Dalep (1986), 2 R.F.L.(3d) 19 (B.C.C.A.), refd to. [para. 3].

Honda Canada Inc. v. Tonka Motorcycle Sales Ltd. (1986), 7 B.C.L.R.(2d) 124 (C.A.), refd to. [para. 4].

Statutes Noticed:

International Commercial Arbitration Act, S.B.C. 1986, c. 14, sect. 8 [para. 1].

Counsel:

C.W. Sanderson and P.C.P. Behie, for Gulf Canada Resources;

   D.F. McEwen, for Arochem International Ltd.;

M.J. Bird, for Arochem International Inc.

This appeal was heard on May 23, 1991, in Vancouver, B.C., in chambers, before Hinds, J.A., of the British Columbia Court of Appeal, who delivered the following decision on June 4, 1991.

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