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Peace River Hydro Partners V Petrowest Corp
is a case of the Supreme Court of Canada on the applicability of arbitration laws on the authority of a receiver appointed under the ''Bankruptcy and Insolvency Act''. Background Petrowest Corporation, together with Acciona and Samsung, formed Peace River Hydro Partners in 2015 as a partnership to perform work for BC Hydro on its Site C project site in northeastern British Columbia. At the time, Petrowest was reported to be experiencing difficulties in meeting its debt covenants. In 2017, Petrowest was ousted from the partnership, and its lenders subsequently obtained permission from the Court of Queen's Bench of Alberta to place it and all its affiliates into receivership. Ernst & Young was appointed as Receiver, and it also became the trustee in bankruptcy of the affiliates in 2018. The Receiver sued PRHP in the Supreme Court of British Columbia for amounts allegedly owed under the partnership agreement (together with connected purchase orders and subcontracting agreement), a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Bankruptcy And Insolvency Act
The ''Bankruptcy and Insolvency Act'' (BIA; french: Loi sur la faillite et l'insolvabilité) (the ''Act'') is one of the statutes that regulates the law on bankruptcy and insolvency in Canada. It governs bankruptcies, consumer and commercial proposals, and receiverships in Canada. It also governs the Office of the Superintendent of Bankruptcy, a federal agency responsible for ensuring that bankruptcies are administered in a fair and orderly manner. Purpose and scope The nature of the ''Act'' within Canada's legal framework governing insolvency was described by the Supreme Court of Canada in ''Century Services Inc. v. Canada (Attorney General)'': With certain exceptions, the ''Act'' covers a wide range of entities: :* it covers anyone who has resided or carried on business in Canada :* it "includes a partnership, an unincorporated association, a corporation, a cooperative society or a cooperative organization, the successors of a partnership, of an association, of a corporat ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Trustee In Bankruptcy
A trustee in bankruptcy is an entity, often an individual, in charge of administering a bankruptcy estate. Canada In Canada, a licensed insolvency trustee (LIT) is an individual or a corporation licensed by the official superintendent to hold in trust and, subsequently, to distribute a bankrupt's property among the creditors in accordance with the distribution scheme under the Bankruptcy and Insolvency Act (BIA). The bankrupt and all other persons holding bankrupt's property must transfer the property to trustee. The trustee may also assist individual in preparing and submitting a consumer proposal to creditors. The trustee must arrange mandatory counselling of the bankrupt. The trustee must follow the procedures under the BIA, call creditors meetings and send the parties required notices of proceedings and documents. The trustee is responsible for preparation of pre-discharge report and may oppose the bankrupt's discharge. Russia To become registered as a trustee in bankrup ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Canadian Contract Case Law
Canadians (french: Canadiens) are people identified with the country of Canada. This connection may be residential, legal, historical or cultural. For most Canadians, many (or all) of these connections exist and are collectively the source of their being ''Canadian''. Canada is a multilingual and multicultural society home to people of groups of many different ethnic, religious, and national origins, with the majority of the population made up of Old World immigrants and their descendants. Following the initial period of French and then the much larger British colonization, different waves (or peaks) of immigration and settlement of non-indigenous peoples took place over the course of nearly two centuries and continue today. Elements of Indigenous, French, British, and more recent immigrant customs, languages, and religions have combined to form the culture of Canada, and thus a Canadian identity. Canada has also been strongly influenced by its linguistic, geographic, and ec ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Arbitration Cases
Arbitration is a form of alternative dispute resolution (ADR) that resolves disputes outside the judiciary courts. The dispute will be decided by one or more persons (the 'arbitrators', 'arbiters' or 'arbitral tribunal'), which renders the 'arbitration award'. An arbitration decision or award is legally binding on both sides and enforceable in the courts, unless all parties stipulate that the arbitration process and decision are non-binding. Arbitration is often used for the resolution of commercial disputes, particularly in the context of international commercial transactions. In certain countries such as the United States, arbitration is also frequently employed in consumer and employment matters, where arbitration may be mandated by the terms of employment or commercial contracts and may include a waiver of the right to bring a class action claim. Mandatory consumer and employment arbitration should be distinguished from consensual arbitration, particularly commercial a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supreme Court Of Canada Cases
The Supreme Court of Canada is the court of last resort and final appeal in Canada. Cases that are successfully appealed to the Court are generally of national importance. Once a case is decided the Court will publish written reasons for the decision that consist of one or more reasons from any number of the nine justices. Understanding the background of the cases, their reasons and the authorship can be important and insightful as each judge may have varying beliefs in legal theory and understanding. List of cases by Court era * List of Supreme Court of Canada cases (Richards Court through Fauteux Court): This list includes cases from the formation of the Court on April 8, 1875, through to the retirement of Gérald Fauteux on December 23, 1973. * List of Supreme Court of Canada cases (Laskin Court): This list includes cases from the rise of Bora Laskin through to his death on March 26, 1984. * List of Supreme Court of Canada cases (Dickson Court): This list includes cases from t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Dentons
Dentons is the largest multinational law firm in the world. Dentons was ranked as the world's 4th- largest law firm by revenue, with $2.9B gross revenue by Global 200 ranking in the fiscal year 2021. The firm is called Dentons in all languages other than Chinese, in which it is called 大成 (Dacheng). Dentons was founded in March 2013 by the merger of SNR Denton, Fraser Milner Casgrain and Salans. Following its merger with Chinese law firm Dacheng in November 2015, Dentons became the largest law firm in the world by number of lawyers and has the most offices of any law firm in the world, covering every continent. As of 2020, Dentons operates in 77 countries, has 190 offices. The firm has no headquarters, although the firm's senior leadership are primarily based in Beijing, London and Washington D.C. Dentons is structured as a Swiss Verein called Dentons Group (a Swiss Verein), which does not itself provide legal services. The verein encapsulates multiple co-operating lega ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Bennett Jones
Bennett Jones LLP is a law firm based in Canada. Firm Bennett Jones is a Canadian business law firm with 400 lawyers and business advisors. The firm has five offices in Canada ( Calgary, Toronto, Edmonton, Ottawa and Vancouver), and one in the United States ( New York, NY) (practicing Canadian law only). Notable alumni and advisors * John Baird (Canadian politician) - Former Canadian politician who served as Minister of Foreign Affairs under Prime Minister Stephen Harper (2011–15) * R. B. Bennett – Founding partner and former Prime Minister of Canada (1930–35) Batten, Jack (1997). ''A History of Bennett Jones Verchere''. Bennett Jones Verchere. . * David A. Dodge – Senior Advisor and former Governor of the Bank of Canada (2001–08) *Allan Gotlieb, CC – Senior advisor and former Canadian ambassador to the United States of America (1981–89) * Michael Kergin – Senior advisor and former Canadian ambassador to the United States of America (2000–05) * John C ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Torys LLP
Torys LLP is a Canadian international corporate law firm with offices in Toronto, Calgary, New York, Montreal and Halifax. The firm acts for a wide range of commercial clients and financial institutions in Canada, the United States, and globally. History The firm was founded in 1941 by Toronto business lawyer John Stewart Donald Tory. In the 1960s the firm was renamed Tory Tory DesLauriers & Binnington. In 2000, it merged with New York law firm Haythe & Curley and was briefly known as Tory Haythe before being rebranded to Torys LLP. Torys became a national firm with the opening of a Calgary office in 2011 and a Montreal office in 2013. The firm is one of the Seven Sisters, a group of seven prominent Canadian business law firms. Notable lawyers and alumni * John Tory, 65th and current Mayor of Toronto, former leader of the Progressive Conservative Party of Ontario, grandson of founder John S. D. Tory * Robert Prichard, current Chairman of the Bank of Montreal * Anita Anand, M ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mahmud Jamal
Mahmud Jamal (born 1967) is a Canadian jurist serving as a puisne justice of the Supreme Court of Canada since 2021. Jamal worked as a partner at Osler, Hoskin & Harcourt and taught law at McGill University and Osgoode Hall Law School before he was appointed to the Court of Appeal for Ontario in 2019. He was nominated to the Supreme Court on June 17, 2021, taking office on July 1 to succeed Rosalie Abella. Jamal was born in Kenya to a family of South Asian origin, making him the first person from a visible minority group to serve as a justice of the Supreme Court. Early life and education Mahmud Jamal was born in 1967 in Nairobi, Kenya, to an Isma'ili family which had originally immigrated in the 19th century from Gujarat, British India, to East Africa during a railway construction boom. His family moved to England in 1969. In 1981, his family moved again, immigrating to Canada, settling in Edmonton, Alberta, where he graduated from Ross Sheppard High School. In 1984, Jamal s ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Suzanne Côté
Suzanne Côté (born September 21, 1958) is a puisne justice of the Supreme Court of Canada. She was nominated by Prime Minister Stephen Harper to replace retiring justice Louis LeBel. Before her appointment to the Supreme Court, she was a partner at Osler, Hoskin & Harcourt LLP and previously Stikeman Elliott LLP in Montréal. She is the first woman appointed to the Supreme Court directly from private practice. Early life and education She had wanted to be a lawyer since age 11. While her mother wanted her to become a teacher, as a child Suzanne enjoyed reading about high-profile legal cases. Côté did her legal studies at the Faculté de droit de l'Université Laval. Career While a student, Côté worked at a small law firm in Gaspé. She bought half of her employer's practice. Côté was called to the Bar of Quebec in 1981. She went on to become a partner at Stikeman Elliott LLP in Montréal, and later Osler, Hoskin & Harcourt LLP. At Osler, Hoskin & Harcourt, she over ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Leave To Appeal
In law, an appeal is the process in which cases are reviewed by a higher authority, where parties request a formal change to an official decision. Appeals function both as a process for error correction as well as a process of clarifying and interpreting law. Although appellate courts have existed for thousands of years, common law countries did not incorporate an affirmative right to appeal into their jurisprudence until the 19th century. History Appellate courts and other systems of error correction have existed for many millennia. During the first dynasty of Babylon, Hammurabi and his governors served as the highest appellate courts of the land. Ancient Roman law recognized the right to appeal in the Valerian and Porcian laws since 509 BC. Later it employed a complex hierarchy of appellate courts, where some appeals would be heard by the emperor. Additionally, appellate courts have existed in Japan since at least the Kamakura Shogunate (1185–1333 CE). During this time, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Uber Technologies Inc V Heller
''Uber Technologies Inc v Heller'', 2020 SCC 16, is a 2020 decision of the Supreme Court of Canada. The Court held 8–1 that an arbitration clause in a contract the plaintiff David Heller had signed with Uber was unconscionable, and hence unenforceable. As a result, it held that Heller's proposed class action lawsuit against Uber could go forward. Facts David Heller, an Uber Eats driver, claimed the right to be paid the minimum wage of CA$14 an hour, overtime and vacation pay under Ontario's Employment Standards Act along with other colleagues in a class action. To have these rights, Heller and others needed to be classified as "employees". Heller had a standard form contract with Uber, which stated that he was an independent contractor, and that any dispute needed to go to arbitration in the Netherlands, according to the rules of the International Chamber of Commerce. This would have cost around US$14,500. The claims of the class as a whole totalled approximately . Heller argued ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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