In the recent case of Peace River Hydro Partners v. Petrowest Corp., 2022 SCC 41 (Peace River), the Supreme Court of Canada (the SCC) clarified the circumstances in which an otherwise valid arbitration agreement may be held to be inoperative in the context of a court-ordered receivership under the Bankruptcy and Insolvency Act, R.S.C., 1985, c. B-3 (the BIA).
BACKGROUND
Canada, Arbitration & ADR, Insolvency & Restructuring, Litigation, Blake, Cassels & Graydon LLP, Insolvency, Receivership, Supreme Court of Canada
We know this publication is about dispute resolution, but what we really want to talk about in this article is avoiding insolvency and bankruptcy disputes.
“If Only You Had Come to Us Sooner”
Canada, Insolvency & Restructuring, Borden Ladner Gervais LLP, Bankruptcy, Board of directors, Debt, Dispute resolution, Liquidation, Cashflow, Bankruptcy and Insolvency Act 1985 (Canada), Chief financial officer