Peace River Hydro Partners, et al. v. Petrowest Corporation, et al.
Peace River Hydro Partners
Acciona Infrastructure Canada Inc., Samsung C&T Canada Ltd., Acciona Infraestructuras S.A., and Samsung C&T Corporation
Petrowest Corporation
Petrowest Civil Services LP by its general partner, Petrowest GP Ltd., carrying on business as RBEE Crushing, Petrowest Construction LP by its general partner Petrowest GP Ltd., carrying on business as Quigley Contracting
Petrowest Services Rentals LP by its general partner Petrowest GP Ltd., carrying on business as Nu-Northern Tractor Rentals, Petrowest GP Ltd., as general partner of Petrowest Civil Services LP, Petrowest Construction LP and Petrowest Services Rental
Trans Carrier Ltd., and Ernst & Young Inc. in its capacity as court-appointed receiver and manager of Petrowest Corporation, Petrowest Civil Services LP, Petrowest Construction LP, Petrowest Services Rentals LP, Petrowest GP Ltd. and Trans Carrier Lt
Canadian Federation of Independent Business
Law Firm / Organization
Not Specified
Lawyer(s)

Anthony Daimsis

Canadian Commercial Arbitration Center
Arbitration Place
Law Firm / Organization
Lerners LLP
Chartered Institute of Arbitrators (Canada) Inc.
Insolvency Institute of Canada
The parties entered into a partnership agreement and a guarantee and cross-indemnity agreement. The partnership, Peace River Hydro Partners, commenced work. It subcontracted some work to Petrowest Corporation and its affiliates pursuant to purchase orders and it entered into a subcontract agreement with Petrowest Civil Services LP. Petrowest Corporation and its affiliates became insolvent. Ernst and Young Inc. was appointed as their receiver. Ernst & Young Inc. assigned Petrowest Corporations’s affiliates into bankruptcy and thereafter acted as both a trustee in bankruptcy and a receiver. Petrowest Corporation and its affiliates commenced a civil claim alleging amounts are owed to them under the general partnership agreement, the guarantee and cross-indemnity agreement, the purchase orders, and the subcontract agreement. These agreements contain arbitration clauses. The appellants applied under s. 15 of the Arbitration Act, RSBC 1996, c. 55, to stay the proceedings so that the matters could be referred to arbitration. The Supreme Court of British Columbia dismissed the application. The Court of Appeal dismissed an appeal.
Supreme Court of Canada
39547
Civil litigation
Respondent
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