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A recent decision of the Alberta Court of King's Bench in Orica Canada Inc v ARVOS GmbH, 2024 ABKB 97, has attracted considerable attention among members of the arbitration bar. In it, the Court of King's Bench, articulated important exceptions to two established principles that, to date, have largely been taken for granted among arbitration practitioners
It is my distinct pleasure to welcome you to the inaugural edition of Arbitration Angle, Bennett Jones' arbitration newsletter. As the head of our…
In the recent Ontario Court of Appeal decision in Husky Food Importers & Distributors Ltd. v. JH Whittaker & Sons Limited, 2023 ONCA 260, the Court addressed the question of what standard of proof a party would need to meet in order to establish that an agreement to arbitrate exists, such that a stay of a court proceeding should be granted and the dispute referred to arbitration under Section 9 of Ontario's International Commercial Arbitration Act. The Court found that the applicable standard of proof is that of arguable case, which is lower than the ordinary balance of probabilities standard,...
There’s a chance the arbitration clauses in your construction contracts may not survive an insolvency proceeding, as illustrated by a recent decision from the SCC.
On November 10, 2022, the Supreme Court of Canada (the "SCC") released its long-awaited decision in Peace River Hydro Partners v Petrowest Corp., 2022 SCC 41 (“Peace River”), which...