Petrowest Corporation v. Peace River Hydro Partners,
| Jurisdiction | British Columbia |
| Judge | The Honourable Madam Justice Bennett,The Honourable Madam Justice Dickson,The Honourable Mr. Justice Grauer |
| Neutral Citation | 2020 BCCA 339 |
| Docket Number | CA46638 |
| Date | 30 November 2020 |
| Court | Court of Appeal (British Columbia) |
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16 practice notes
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Peace River Hydro Partners v. Petrowest Corp., 2022 SCC 41
...APPEAL from a judgment of the British Columbia Court of Appeal (Bennett, Dickson and Grauer JJ.A.), 2020 BCCA 339, 43 B.C.L.R. (6th) 8 , 452 D.L.R. (4th) 535 , 5 C.L.R. (5th) 31 , 84 C.B.R. (6th) 174 , 9 B.L.R. (6th) 163 , [2021] 7 W.W.R. 195 , [2020] B.C.J. No. 1940 (QL), 2020 ......
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Petrowest Corporation v Peace River Hydro Partners,
...to the mandatory arbitration clauses. The chambers judge dismissed the application for a stay of proceedings. In reasons indexed at 2020 BCCA 339, we dismissed the appellants' 3 The appellants further appealed this decision to the Supreme Court of Canada, which dismissed the appeal wit......
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Mundo Media Ltd. (Re),
... [1] The receiver also argued before the motion judge that the decision in Petrowest Corporation v. Peace River Hydro Partners, 2020 BCCA 339, 43 B.C.L.R. (6th) 8, leave to appeal granted and appeal heard and reserved January 19, 2022, [2021] S.C.C.A. No. 30, was dispositive of SPay&#......
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Mind The Gap: Court Exercises Inherent Jurisdiction To Prime Secured Interest
...been employed to resolve novel legal issues in cases such as Petrowest Corporation v. Peace River Hydro Partners (2019 BCSC 2221; aff'd 2020 BCCA 339; aff'd 2022 SCC 41). That said, as was the case in Golfside, courts have always been careful to emphasize the limited availability of inheren......
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3 cases
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Peace River Hydro Partners v. Petrowest Corp., 2022 SCC 41
...APPEAL from a judgment of the British Columbia Court of Appeal (Bennett, Dickson and Grauer JJ.A.), 2020 BCCA 339, 43 B.C.L.R. (6th) 8 , 452 D.L.R. (4th) 535 , 5 C.L.R. (5th) 31 , 84 C.B.R. (6th) 174 , 9 B.L.R. (6th) 163 , [2021] 7 W.W.R. 195 , [2020] B.C.J. No. 1940 (QL), 2020 ......
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Petrowest Corporation v Peace River Hydro Partners,
...to the mandatory arbitration clauses. The chambers judge dismissed the application for a stay of proceedings. In reasons indexed at 2020 BCCA 339, we dismissed the appellants' 3 The appellants further appealed this decision to the Supreme Court of Canada, which dismissed the appeal wit......
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Mundo Media Ltd. (Re),
... [1] The receiver also argued before the motion judge that the decision in Petrowest Corporation v. Peace River Hydro Partners, 2020 BCCA 339, 43 B.C.L.R. (6th) 8, leave to appeal granted and appeal heard and reserved January 19, 2022, [2021] S.C.C.A. No. 30, was dispositive of SPay&#......
13 firm's commentaries
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Mind The Gap: Court Exercises Inherent Jurisdiction To Prime Secured Interest
...been employed to resolve novel legal issues in cases such as Petrowest Corporation v. Peace River Hydro Partners (2019 BCSC 2221; aff'd 2020 BCCA 339; aff'd 2022 SCC 41). That said, as was the case in Golfside, courts have always been careful to emphasize the limited availability of inheren......
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You (May Not) Get What You Bargained For: A Receivership Order Displaces An Arbitration Clause In Mundo Media
...The British Columbia Court of Appeal recently considered a similar issue in PetrowestCorporation v. Peace River Hydro Partners (2020 BCCA 339).3 The Supreme Court an appeal in this case in January 2022 and its decision is eagerly awaited by arbitration and insolvency practitioners alike. Th......
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Arbitrations And Receiverships: Do They Need To Be Legally Distant? - Case Study: Petrowest Corporation V. Peace River Hydro Partner
...on a contract yet disclaim the contract's arbitration clause, determined the BCCA in Petrowest Corporation v. Peace River Hydro Partners 2020 BCCA 339. The defendants applied for an order to stay an action brought against them by the receiver for Petrowest, pursuant to section 15 of the BC ......
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Arbitration Versus The "Single Proceeding Model" In Insolvency Proceedings ' Which Prevails?
...arguments: This issue was addressed by the British Columbia (BC) Court of Appeal in Petrowest Corporation v. Peace River Hydro Partners, 2020 BCCA 339, where the stay was declined; The "single proceeding model" dictates that the mutual claims ought to be resolved in the receivership proceed......
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