Docket

39547

Peace River Hydro Partners, et al. v. Petrowest Corporation, et al.

(British Columbia) (Civil) (By Leave)

Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.

Proceedings
Date Proceeding Filed By
(if applicable)
2022-01-17 Correspondence received from, Amended copy rec'd 2022-01-17 Petrowest Corporation
2022-01-17 Respondent's condensed book, (Book Form), (Printed version filed on 2022-01-17) Petrowest Corporation
2022-01-17 Appellant's condensed book, (Book Form), (Printed version filed on 2022-01-17) Peace River Hydro Partners
2022-01-17 Intervener's condensed book, (Book Form), (Printed version filed on 2022-01-17) Arbitration Place
2022-01-17 Intervener's condensed book, (Book Form), (Printed version filed on 2022-01-17) Canadian Federation of Independent Business
2022-01-17 Intervener's condensed book, (Book Form), (Printed version filed on 2022-01-17) Chartered Institute of Arbitrators (Canada) Inc.
2022-01-14 Intervener's condensed book, (Book Form), (Printed version filed on 2022-01-18) Insolvency Institute of Canada
2022-01-13 Other book of authorities, (Book Form), Completed on: 2022-01-18 Canadian Commercial Arbitration Centre
2022-01-12 Correspondence received from, (Letter Form), The Appellant understands that the Appellant's Reply Factum to the Insolvency Institute of Canada's Intervenor Factum and the accompanying Book of Authorities will not be filed. The Appellant will not be taking any steps to seek leave to file these documents. , (Printed version due on 2022-01-19) Peace River Hydro Partners
2022-01-10 Notice of Remote Participation by a Judge of the Supreme Court of Canada sent to all parties
2022-01-07 Correspondence (sent by the Court) to, Correspondence regarding upcoming Zoom hearing
2022-01-05 Correspondence received from, IIC submits that the Appellants' Response Factum should not be accepted for filing. Insolvency Institute of Canada
2022-01-05 Correspondence received from, Appellants' response to Respondents position re the filing of Appellants reply factum to interveners Peace River Hydro Partners
2022-01-05 Correspondence received from, Respondents correspondence in reaction to filing of Appellants' reply factum to interveners Petrowest Corporation
2022-01-04 Other book of authorities, (Book Form), Respondents reply to interveners, Completed on: 2022-01-06, (Printed version filed on 2022-01-05) Petrowest Corporation
2022-01-04 Other factum, (Book Form), Respondents factum in reply to the interveners, Completed on: 2022-01-06, (Electronic version filed on 2022-01-05) Petrowest Corporation
2021-12-20 Intervener's book of authorities, (Book Form), Completed on: 2021-12-23, (Printed version due on 2021-12-29) Canadian Federation of Independent Business
2021-12-20 Intervener's factum, (Book Form), Completed on: 2021-12-23, (Printed version due on 2021-12-29) Canadian Federation of Independent Business
2021-12-20 Intervener's book of authorities, (Book Form), Completed on: 2021-12-23, (Printed version due on 2021-12-29) Canadian Commercial Arbitration Centre
2021-12-20 Intervener's factum, (Book Form), Completed on: 2021-12-23, (Printed version due on 2021-12-29) Canadian Commercial Arbitration Centre
2021-12-20 Intervener's book of authorities, (Book Form), Completed on: 2021-12-23, (Printed version due on 2021-12-29) Chartered Institute of Arbitrators (Canada) Inc.
2021-12-20 Intervener's factum, (Book Form), Completed on: 2021-12-23, (Printed version due on 2021-12-29) Chartered Institute of Arbitrators (Canada) Inc.
2021-12-20 Intervener's factum, (Book Form), Completed on: 2021-12-23, (Printed version due on 2021-12-29) Insolvency Institute of Canada
2021-12-17 Intervener's book of authorities, (Book Form), Completed on: 2021-12-23, (Printed version due on 2021-12-24) Arbitration Place
2021-12-17 Intervener's factum, (Book Form), Completed on: 2021-12-23, (Printed version due on 2021-12-24) Arbitration Place
2021-12-15 Notice of appearance, (Letter Form), Christina Doria, Michael Nowina and Brendan O'Grady will appear before the Court; Christina Doria will present oral argument., (Printed version due on 2021-12-22) Chartered Institute of Arbitrators (Canada) Inc.
2021-12-14 Notice of appearance, (Letter Form), David de Groot, Joanne Luu, Robert Martz & Alison Scott will appear before the Court. David de Groot & Joanne Luu will present oral argument.
, (Printed version due on 2021-12-21)
Peace River Hydro Partners
2021-12-13 Notice of appearance, (Letter Form), Laurent Debrun and Charles Côté-De Lagrave will appear before the Court ; Laurent Debrun will present oral arguments. , (Printed version due on 2021-12-20) Canadian Commercial Arbitration Centre
2021-12-10 Notice of appearance, Anthony Daimsis will appear before the Court and will present oral arguments. Canadian Federation of Independent Business
2021-12-10 Notice of appearance, Kelsey Meyer, Ciara Mackey, Stephanie Clark, and Paul Romaniuk will appear before the Court. Ms. Meyer will present oral arguments.

Received: amended notice of appearance (rec'd 2021-01-10)
Petrowest Corporation
2021-12-10 Notice of appearance, Lisa C. Munro and Cynthia B. Kuehl will appear before the Court.
Ms. Lisa Munro will present oral arguments.

received: amended notice (rec'd 2021-12-15)
Arbitration Place
2021-12-09 Notice of appearance, Kibben Jackson,Tom Posyniak and Glen Nesbitt will appear before the Court. Mr. Jackson will present oral arguments. Insolvency Institute of Canada
2021-11-23 Other book of authorities, (Book Form), (3 volumes), Appellant Reply Factum, Completed on: 2021-12-20, (Printed version filed on 2021-11-29) Peace River Hydro Partners
2021-11-23 Reply factum on appeal, (Book Form), Completed on: 2021-12-20, (Printed version filed on 2021-11-29) Peace River Hydro Partners
2021-11-23 Correspondence received from, (Letter Form), re: Appellant response filed pursuant to s. 29(4) SCC rules, (Printed version filed on 2021-11-29) Peace River Hydro Partners
2021-11-15 Order on motion for leave to intervene, by Justice Moldaver (sent to parties electronically)
2021-11-15 Decision on the motion for leave to intervene, Mo, UPON APPLICATION by the Insolvency Institute of Canada, the Young Canadian Arbitration
Practitioners, the Canadian Federation of Independent Business, the Canadian Commercial
Arbitration Centre, the Chartered Institute of Arbitrators (Canada) Inc., the Arbitration Place,
the ADR Institute of Canada Inc. and the Toronto Commercial Arbitration Society for leave to
intervene in the above appeal;

AND THE MATERIAL FILED having been read;

IT IS HEREBY ORDERED THAT:

The motions for leave to intervene by the Young Canadian Arbitration Practitioners, the ADR Institute of Canada Inc. and the Toronto Commercial Arbitration Society are dismissed.

The motions by the Insolvency Institute of Canada, the Canadian Federation of Independent
Business, the Canadian Commercial Arbitration Centre, the Chartered Institute of Arbitrators
(Canada) Inc. and the Arbitration Place are granted and the said five (5) interveners shall be
entitled to serve and file a single factum not to exceed ten (10) pages in length on or before
December 20, 2021.

The Insolvency Institute of Canada is granted permission to present oral arguments not exceeding ten (10) minutes at the hearing of the appeal.

The Canadian Federation of Independent Business, the Canadian Commercial Arbitration Centre,
the Chartered Institute of Arbitrators (Canada) Inc. and the Arbitration Place are granted
permission to present oral arguments not exceeding five (5) minutes each at the hearing of the
appeal.

The respondents are granted permission to serve and file a single factum in response to all interventions, not to exceed ten (10) pages in length, on or before January 4, 2022.

The interveners are not entitled to raise new issues or to adduce further evidence or otherwise to supplement the record of the parties.

Pursuant to Rule 59(1)(a) of the Rules of the Supreme Court of Canada, the interveners shall pay to the appellant and the respondent any additional disbursements resulting from their interventions.

Granted
2021-11-15 Submission of motion for leave to intervene, Mo
2021-11-09 Notice of change of counsel, (Letter Form), The respondents are now represented by Kelsey Meyer, Ciara Mackey, Stephanie Clark, and Paul Romaniuk of Bennett Jones LLP., (Printed version due on 2021-11-17) Petrowest Corporation
2021-11-09 Certificate of counsel (attesting to record), (Letter Form), 24B, (Printed version due on 2021-11-17) Petrowest Corporation
2021-11-09 Respondent's book of authorities, (Book Form), Completed on: 2021-11-10, (Printed version filed on 2021-11-10) Petrowest Corporation
2021-11-09 Respondent's record, (Book Form), Completed on: 2021-11-10, (Printed version filed on 2021-11-10) Petrowest Corporation
2021-11-09 Respondent's factum, (Book Form), Completed on: 2021-11-10, (Printed version filed on 2021-11-10) Petrowest Corporation
2021-11-08 Notice of hearing sent to parties, (sent electronically)
2021-11-08 Appeal hearing scheduled, 2022-01-19
2021-10-29 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2021-10-28 Reply to the motion for leave to intervene, (Letter Form), Missing: Proof of Service (rec' 11/01/21), Completed on: 2021-11-01, (Printed version due on 2021-11-04) ADR Institute of Canada, Inc.
2021-10-28 Reply to the motion for leave to intervene, (Letter Form), Completed on: 2021-11-01, (Printed version filed on 2021-11-01) Toronto Commercial Arbitration Society
2021-10-27 Reply to the motion for leave to intervene, (Book Form), Completed on: 2021-11-01, (Printed version due on 2021-11-03) Arbitration Place
2021-10-27 Reply to the motion for leave to intervene, (Letter Form), Missing: Proof of Service (rec' 10/29/21), Completed on: 2021-11-01, (Printed version due on 2021-11-03) Canadian Federation of Independent Business
2021-10-27 Reply to the motion for leave to intervene, (Letter Form), Completed on: 2021-10-28, (Printed version filed on 2021-11-10) Young Canadian Arbitration Practitioners
2021-10-26 Reply to the motion for leave to intervene, (Letter Form), Completed on: 2021-11-01, (Printed version filed on 2021-11-08) Canadian Commercial Arbitration Centre
2021-10-22 Response to the motion for leave to intervene, (Letter Form), Response to the motion for leave to intervene filed by: Young Canadian Arbitration Practitioners, Completed on: 2021-10-27, (Printed version due on 2021-10-29) Petrowest Corporation
2021-10-22 Response to the motion for leave to intervene, (Letter Form), Response to the motion for leave to intervene filed by: Toronto Commercial Arbitration Society
, Completed on: 2021-10-27, (Printed version due on 2021-10-29)
Petrowest Corporation
2021-10-22 Response to the motion for leave to intervene, (Letter Form), Response to the motion for leave to intervene filed by: Canadian Federation of Independent Business
, Completed on: 2021-10-27, (Printed version due on 2021-10-29)
Petrowest Corporation
2021-10-22 Response to the motion for leave to intervene, (Letter Form), Response to the motion for leave to intervene filed by: Canadian Commercial Arbitration Centre
, Completed on: 2021-10-27, (Printed version due on 2021-10-29)
Petrowest Corporation
2021-10-22 Response to the motion for leave to intervene, (Letter Form), Response to the motion for leave to intervene filed by: ADR-Institute of Canada Inc., Completed on: 2021-10-27, (Printed version due on 2021-10-29) Petrowest Corporation
2021-10-22 Response to the motion for leave to intervene, (Letter Form), Response to the motion for leave to intervene filed by Arbitration Place, Completed on: 2021-10-27, (Printed version due on 2021-10-29) Petrowest Corporation
2021-10-12 Notice of name, (Letter Form), (Printed version due on 2021-10-19) ADR Institute of Canada, Inc.
2021-10-12 Motion for leave to intervene, (Book Form), Missing: Filing Fee, Incomplete, (Printed version due on 2021-10-19) ADR Institute of Canada, Inc.
2021-10-12 Notice of name, (Letter Form), (Printed version due on 2021-10-19) Toronto Commercial Arbitration Society
2021-10-12 Motion for leave to intervene, (Book Form), Missing: Filing Fee, Incomplete, (Printed version due on 2021-10-19) Toronto Commercial Arbitration Society
2021-10-12 Notice of name, (Letter Form), (Printed version due on 2021-10-19) Canadian Federation of Independent Business
2021-10-12 Other book of authorities, (Book Form), Completed on: 2021-10-13, (Printed version due on 2021-10-19) Canadian Federation of Independent Business
2021-10-12 Motion for leave to intervene, (Book Form), Missing: Filing Fee (rec' 10/15/21), Completed on: 2021-10-21, (Printed version due on 2021-10-19) Canadian Federation of Independent Business
2021-10-12 Certificate (on limitations to public access), (Letter Form), 23B, (Printed version due on 2021-10-19) Insolvency Institute of Canada
2021-10-12 Certificate (on limitations to public access), (Letter Form), 23A, (Printed version due on 2021-10-19) Insolvency Institute of Canada
2021-10-12 Notice of name, (Letter Form), (Printed version due on 2021-10-19) Insolvency Institute of Canada
2021-10-12 Motion for leave to intervene, (Book Form), Missing: Filing Fee, Incomplete, (Printed version due on 2021-10-19) Insolvency Institute of Canada
2021-10-12 Notice of name, (Letter Form), (Printed version due on 2021-10-19) Chartered Institute of Arbitrators (Canada) Inc.
2021-10-12 Motion for leave to intervene, (Book Form), Missing: Filing Fee (rec' 11/29/21), Completed on: 2021-11-30, (Printed version due on 2021-10-19) Chartered Institute of Arbitrators (Canada) Inc.
2021-10-12 Notice of name, (Letter Form), (Printed version due on 2021-10-19) Canadian Commercial Arbitration Centre
2021-10-12 Motion for leave to intervene, (Book Form), Missing: Filing Fee (rec' 11/29/21), Completed on: 2021-11-30, (Printed version due on 2021-10-19) Canadian Commercial Arbitration Centre
2021-10-08 Notice of name, (Letter Form), (Printed version due on 2021-10-18) Young Canadian Arbitration Practitioners
2021-10-08 Motion for leave to intervene, (Book Form), Missing: Filing Fee (rec' 10/22/21)
Proof of Service (rec' 10/13/21), Completed on: 2021-11-29, (Printed version due on 2021-10-18)
Young Canadian Arbitration Practitioners
2021-10-07 Certificate of counsel (attesting to record) Peace River Hydro Partners
2021-10-06 Notice of name, (Letter Form), (Printed version due on 2021-10-14) Arbitration Place
2021-10-06 Motion for leave to intervene, (Book Form), Missing: Filing Fee (rec' 10/15/21), Completed on: 2021-10-21, (Printed version filed on 2021-10-06) Arbitration Place
2021-09-14 Appellant's book of authorities, (Book Form), (8 volumes), Require:
Proof of service (rec'd 2021-10-07), Completed on: 2021-10-27, (Printed version filed on 2021-09-17)
Peace River Hydro Partners
2021-09-14 Appellant's record, (Book Form), (11 volumes), Require:
- 24A (rec'd 2021-10-07)
- Proof of service (rec'd 2021-10-07), Completed on: 2021-10-27, (Printed version filed on 2021-09-17)
Peace River Hydro Partners
2021-09-14 Appellant's factum, (Book Form), Completed on: 2021-10-27, (Printed version filed on 2021-09-17) Peace River Hydro Partners
2021-07-20 Notice of appeal, (Letter Form), Required: proof of service (rec'd 2021-08-25)
, Completed on: 2021-09-09, (Printed version filed on 2021-07-21)
Peace River Hydro Partners
2021-06-10 Judgment of the Court on the application for leave to appeal, The motion for leave to intervene by the Canadian Commercial Arbitration Centre is dismissed without prejudice to re-apply for leave to intervene in the appeal. The application for leave to appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Number CA46638, 2020 BCCA 339, dated November 30, 2020, is granted with costs in the cause.
Granted, with costs in the cause
2021-06-10 Decision on motion for leave to intervene, see decision on application
Dismissed
2021-05-03 All materials on application for leave submitted to the Judges, for consideration by the Court
2021-05-03 Submission of motion for leave to intervene, for consideration by the Court
2021-03-24 Book of authorities, (Book Form), Completed on: 2021-04-19, (Printed version filed on 2021-03-26) Peace River Hydro Partners
2021-03-24 Applicant's reply to respondent's argument, (Letter Form), Completed on: 2021-04-19, (Printed version filed on 2021-03-26) Peace River Hydro Partners
2021-03-22 Reply to the motion for leave to intervene., (Letter Form), Completed on: 2021-04-19, (Printed version filed on 2021-03-25) Canadian Commercial Arbitration Centre
2021-03-15 Response to the motion for leave to intervene, (Letter Form), Completed on: 2021-04-19, (Printed version filed on 2021-03-26) Petrowest Corporation
2021-03-15 Certificate (on limitations to public access), (Letter Form), (Printed version filed on 2021-03-26) Petrowest Corporation
2021-03-15 Notice of name, (Letter Form), (Printed version filed on 2021-03-26) Petrowest Corporation
2021-03-15 Book of authorities, (Book Form), Completed on: 2021-04-19, (Printed version filed on 2021-03-26) Petrowest Corporation
2021-03-15 Respondent's response on the application for leave to appeal, (Book Form), (2 volumes), Completed on: 2021-04-19, (Printed version filed on 2021-03-26) Petrowest Corporation
2021-03-03 Notice of name, (Letter Form), (Printed version due on 2021-03-10) Canadian Commercial Arbitration Centre
2021-03-03 Motion for leave to intervene, (Book Form), require: filing fee, Completed on: 2021-05-05, (Printed version filed on 2021-03-04) Canadian Commercial Arbitration Centre
2021-02-11 Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED 2021/02/11
2021-01-29 Notice of name, (Letter Form), (Printed version filed on 2021-02-02) Peace River Hydro Partners
2021-01-29 Certificate (on limitations to public access), (Letter Form), (Printed version filed on 2021-02-02) Peace River Hydro Partners
2021-01-29 Book of authorities, (Book Form), Completed on: 2021-02-11, (Printed version due on 2021-02-05) Peace River Hydro Partners
2021-01-29 Application for leave to appeal, (Book Form), Completed on: 2021-01-29, (Printed version filed on 2021-02-02) Peace River Hydro Partners