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SCC Sets Out Framework for Deciding When Arbitration Clauses Can Be Overridden in Insolvency Cases

November 10, 2022
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Kelsey Meyer is featured in The Lawyer's Daily after the successful representation of the respondents in the case of Peace River Hydro Partners v. Petrowest Corp, 2022 SCC 41. Kelsey reviews the impacts of Justice Côté's non-exhaustive list of factors on future cases.

"In this case, the court-appointed receiver established that the arbitration agreements were inoperative because multiple arbitral processes would compromise the orderly and efficient resolution of the receivership, contrary to the objectives of the BIA."

Kelsey was joined in this representation by Bennett Jones' Ciara Mackey, Stephanie Clark, Paul Romaniuk and Adam Williams.

The full article can be read on The Lawyer's Daily website.

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This publication provides an overview of trends and legal updates for informational purposes only. For personalized legal advice, please contact the authors.

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