Arbitration Case-Law Update: Q1 2023

In late 2022, the Supreme Court of Canada (SCC) released its decision in Peace River Hydro Partners v. Petrowest Corp., 2022 SCC 41, which concerned the enforceability of arbitration agreements in a receivership proceeding. The SCC ultimately denied to court proceedings commenced by the receiver but made it clear that such a finding was exceptional and Canadian law generally defers to and promotes arbitration proceedings. The SCC expressed a "legislative and judicial preference for holding parties to arbitration agreements".

So far in 2023, Canadian courts appear to be continuing this pro-arbitration trend. This article summarizes two noteworthy decisions concerning the arbitration of complex commercial disputes: 3-Sigma v Ostara, 2023 BCSC 100 and Costco Wholesale Corporation v. TicketOps Corporation, 2023 ONSC 573. The cases concern, among other things, non-signatory issues and the bounds of procedural fairness in arbitration.