Supreme Court of Canada cites Law alum – TRU Newsroom

Supreme Court of Canada cites Law alum – TRU Newsroom

December 13, 2022 at 3:09 pm  Education, Kamloops, News

The Supreme Court of Canada recently cited a case comment authored by 2021 Law alum Heidi Esslinger, titled Creditors Over Contract: A Case Comment on Chandos, 2021 19th Annual Review of Insolvency Law, 2021 CanLIIDocs 13565.

In Peace River Hydro Partners v Petrowest Corp., 2022 SCC 41, the court ruled that an arbitration agreement does not trump a lawsuit and unanimously dismissed the appeal. Citing Esslinger, the court highlighted that the long-standing tension between arbitration law and insolvency law has been recently emphasized due, in part, to economic shocks such as the 2008 financial crisis and the COVID-19 pandemic. This has placed greater demand on Canada’s insolvency laws. The Court concluded the enforceability of arbitration agreements must be assessed on a case-by-case basis and the analysis will be fact-specific.

You can read Esslinger’s paper here.


View Link to Original Source

No conversations yet

Activity Stream

Thu, Jul 25, 2024 at 8:00 am - David Suzuki posted on their blog: It’s time to ditch the lawn and go natural!
Thu, Jul 18, 2024 at 3:38 pm - Darryl Schmidt posted on their blog: Communicating with Local Politicians
Thu, Jul 18, 2024 at 8:00 am - David Suzuki posted on their blog: Great Bear Sea initiative shows vision of Indigenous leadership
Thu, Jul 11, 2024 at 1:34 pm - Darryl Schmidt posted on their blog: Understanding the Role of Politicians in Kamloops
Thu, Jul 11, 2024 at 8:00 am - David Suzuki posted on their blog: The shift to cleaner energy is unstoppable
Mon, Jul 8, 2024 at 12:37 pm - Kamloops Film Society posted on their blog: Now Hiring! – The Kamloops Film Society
Fri, Jul 5, 2024 at 9:19 am - Darryl Schmidt posted on their blog: The Key to Inclusion and Diversity in the Workplace
Thu, Jul 4, 2024 at 8:00 am - David Suzuki posted on their blog: Telling the truth about fossil fuels
Full Stream