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    Insolvency Trumps Arbitration, This Time...
    2022-11-16

    In a unanimous decision, with concurring reasons, the Supreme Court of Canada (SCC) has rendered its long-anticipated judgment regarding the intersection of insolvency and domestic arbitration law in Peace River Hydro Partners v. Petrowest Corp., 2022 SCC 41.

    Filed under:
    Canada, Insolvency & Restructuring, Litigation, Fasken, Insolvency, Receivership, Supreme Court of Canada, British Columbia Court of Appeal
    Authors:
    Kibben Jackson , Jessica Cameron , Rahat Godil
    Location:
    Canada
    Firm:
    Fasken
    Supreme Court of Canada Clarifies Application of Arbitration Clauses in Insolvency
    2022-11-15

    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

    Filed under:
    Canada, Arbitration & ADR, Insolvency & Restructuring, Litigation, Blake, Cassels & Graydon LLP, Insolvency, Receivership, Supreme Court of Canada
    Authors:
    Ariel Solose , Claire Hildebrand , Alison Burns
    Location:
    Canada
    Firm:
    Blake, Cassels & Graydon LLP
    The Supreme Court of Canada Rules on Intersection of Insolvency and Arbitration Law
    2022-11-10

    On November 10, 2022, the Supreme Court of Canada (SCC) issued its much-anticipated decision in Peace River Hydro Partners v Petrowest Corp, 2022 SCC 41, addressing a key intersection of insolvency and arbitration law—whether and in what circumstances a contractual agreement to arbitrate should give way to the public interest in the orderly and efficient resolution of a court-ordered receivership.

    Filed under:
    Canada, British Columbia, Arbitration & ADR, Insolvency & Restructuring, Litigation, Bennett Jones LLP, Insolvency, Receivership, Supreme Court of Canada, British Columbia Supreme Court, British Columbia Court of Appeal
    Authors:
    Kelsey J. Meyer , Ciara J. Mackey , Adam J. Williams
    Location:
    Canada
    Firm:
    Bennett Jones LLP
    Court of Appeal summaries (September 26, 2022 - September 30, 2022)
    2022-09-30

    Good evening.

    Following are this week’s summaries of the Court of Appeal for Ontario for the week of September 26, 2022.

    Filed under:
    Canada, Ontario, Banking, Capital Markets, Family, Insolvency & Restructuring, Insurance, Litigation, Real Estate, Blaney McMurtry LLP, Coronavirus, Supreme Court of Canada, Court of Appeal for Ontario
    Authors:
    John Polyzogopoulos
    Location:
    Canada
    Firm:
    Blaney McMurtry LLP
    Single Proceeding Model Trumps Contractual Rights - Arbitration Clause Held “Inoperative” in Insolvency Proceeding
    2022-09-26

    A recent decision of the Ontario Court of Appeal invalidated an arbitration and forum selection clause in a commercial agreement in favour of having a dispute between the debtor and its former customer adjudicated within a receivership proceeding.

    Filed under:
    Canada, Ontario, Arbitration & ADR, Insolvency & Restructuring, Litigation, McMillan LLP, Insolvency, Receivership, Supreme Court of Canada, Ontario Superior Court of Justice
    Authors:
    Jeffrey Levine , Anthony Labib
    Location:
    Canada
    Firm:
    McMillan LLP
    You (may not) get what you bargained for: a receivership order displaces an arbitration clause in Mundo Media
    2022-09-12

    Arbitration is a consensual method of dispute resolution in which the parties can customize their process and even select their own decision-maker. Insolvency is the diametrically opposite scenario, where disputes involving the debtor are involuntarily consolidated before a single insolvency court.

    Filed under:
    Canada, Global, Arbitration & ADR, Insolvency & Restructuring, Litigation, Osler Hoskin & Harcourt LLP, Supreme Court of Canada, British Columbia Court of Appeal
    Authors:
    Mary Paterson , Mary Angela Rowe , Sarah Firestone
    Location:
    Canada, Global
    Firm:
    Osler Hoskin & Harcourt LLP
    Ontario Superior Court of Justice: word of caution regarding sealing orders
    2022-09-08

    In the receivership proceedings of Distinct Infrastructure Group Inc.

    Filed under:
    Canada, Ontario, Insolvency & Restructuring, Litigation, Borden Ladner Gervais LLP, Mediation, Insolvency, Receivership, Supreme Court of Canada, Ontario Superior Court of Justice
    Authors:
    Roger Jaipargas , Charlotte Chien
    Location:
    Canada
    Firm:
    Borden Ladner Gervais LLP
    Davies Insolvency Now, Issue 6 - Canada’s Shifting Credit and Insolvency Landscapes
    2022-07-27

    Despite optimistic predictions earlier in 2022, slowedglobal growth resulting, in part, from the war in Ukraine has elevated inflation and interest rates, reducing the availability of credit, increasing business borrowing costs and threatening the ability of companies to retain the confidence of their

    Filed under:
    Canada, Insolvency & Restructuring, Litigation, Davies Ward Phillips & Vineberg LLP, Coronavirus, Bank of Canada, Supreme Court of Canada, Ontario Superior Court of Justice, British Columbia Supreme Court
    Authors:
    Natasha MacParland , Robin B. Schwill , Stephanie Ben-Ishai
    Location:
    Canada
    Firm:
    Davies Ward Phillips & Vineberg LLP
    Alberta Court of Appeal Declines to Find Manitok is Distinguishable from Redwater
    2022-07-05

    The Alberta Court of Appeal (the “ABCA”)’s anticipated decision in Manitok Energy Inc (Re), 2022 ABCA 117 (“Manitok”) confirmed that the sales proceeds of a debtor estate’s valuable petroleum and natural gas assets that are subject environmental claims including, notably, abandonment and reclamation obligations, must first be applied to abandonment and reclamation obligations, even where such assets are “unrelated” to the abandonment and reclamation obligations.

    Filed under:
    Canada, Alberta, Insolvency & Restructuring, Litigation, McCarthy Tétrault LLP, Supreme Court of Canada, Court of Appeal of Alberta
    Authors:
    Mirabelle C. Harris-Eze , Sean F. Collins
    Location:
    Canada
    Firm:
    McCarthy Tétrault LLP
    UPDATE - Farm Protection In Manitoba - Safe Harbour Or A Trap For The Unwary?
    2022-06-30

    [This paper originally presented at the Manitoba Bar Association Mid-Winter Conference, January, 2003. It was updated and revised for the 2011 Pitblado Lectures and again updated in June, 2022.]

    Filed under:
    Canada, Insolvency & Restructuring, Litigation, Taylor McCaffrey LLP, Mediation, UK House of Commons, Government of Canada, Supreme Court of Canada
    Authors:
    David R.M. Jackson
    Location:
    Canada
    Firm:
    Taylor McCaffrey LLP

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