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Bennett Jones Acts for Varme Energy on First of its Kind Waste-to-Energy Agreement with the City of Edmonton

Bennett Jones has assisted Varme Energy Inc. in successfully negotiating a first of its kind waste-to-energy agreement with the City of Edmonton. The agreement sees the City diverting approximately 150,000 tonnes of residential garbage per year to a privately funded and operated waste-to-energy facility located 40 kilometers northeast of Edmonton. Once operational, the facility will be Canada s first industrial-scale, waste-to-energy facility with carbon capture. ....

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An Arguable Case May Be All You Need to Go to Arbitration in Ontario

In the recent Ontario Court of Appeal decision in Husky Food Importers & Distributors Ltd. v. JH Whittaker & Sons Limited, 2023 ONCA 260, the Court addressed the question of what standard of proof a party would need to meet in order to establish that an agreement to arbitrate exists, such that a stay of a court proceeding should be granted and the dispute referred to arbitration under Section 9 of Ontario s International Commercial Arbitration Act. The Court found that the applicable standard of proof is that of arguable case, which is lower than the ordinary balance of probabilities standard, consistent with the prevailing view in Ontario that deference should be given to agreements to arbitrate and the jurisdiction of arbitral tribunals to determine their own jurisdiction. ....

New York , United States , New Zealand , New Zealand General , Peace River , Vasilis Pappas , Chelsea Tolppanen , David Wahl , Artem Barsukov , Ontario Superior Court , Ontario International Commercial Arbitration , Ontario Court , International Commercial Arbitration , Petrowest Corp , York Convention , Husky Food Importers Distributors Ltd , Jh Whittaker Sons Limited , Zealand International Arbitration Centre , Jh Whittaker Sons , Supreme Court , Bennett Jones International Arbitration , Written By David Wahl , Husky Food Importers , Sons Limited , Food Importers , Husky Food ,

A Tribunal's Interpretation of a Prior Arbitral Award: A Question of Law

In its recent decision, Kingsgate Property Ltd. v Vancouver School District No. 39, 2023 BCSC 560, the Supreme Court of British Columbia considered, among other things, whether an arbitral tribunal s interpretation of a prior arbitration award that was rendered under the same agreement to identify possible issue estoppel was a question of law that was appealable to the Supreme Court of British Columbia pursuant to section 31 of the Arbitration Act, RSBC 1996, c 55. The Court found that it was a question of law, and granted leave to appeal. ....

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