Summary

Introduction

Teine Energy Ltd ("Teine") is an oil and gas company that produces, amongst other things, light crude oil from fields in southwestern Saskatchewan. Teine ships its light crude oil on the Mid-Saskatchewan Pipeline System (the "MS Light") which is owned and operated by Inter Pipeline Ltd ("IPL"). Teine and IPL engaged in a significant commercial arbitration proceeding over issues concerning IPL's operation of the MS Light and the charges to Teine for shipping on the MS Light (the "MS Light Arbitration"). Teine won a substantial arbitration award in mid-2024 (the "Award").

IPL applies to set aside the Award and, in the alternative, for leave to appeal the Award. IPL's set aside application asserts that Teine's failure to produce certain records in the MS Light Arbitration rendered that proceeding unfair and there is a reasonable possibility that the unproduced records affected the outcome of the proceeding. IPL seeks leave to appeal the Award on various grounds, including that the Arbitral Tribunal erred in its application of the test for when the limitation period for Teine's claim started to run.

Teine opposes IPL's applications. Teine submits that the missing records were inadvertently withheld and that their absence did not affect either the fairness or outcome of the MS Light Arbitration. Teine contends that IPL's proposed grounds of appeal do not raise questions of law and instead are all attacks on the Arbitral Tribunal's fact finding.