Thomas Heintzman – Arbitration Place

Is A Pay When Paid Clause Applicable If The Contractor's Account To The Owner Is Reduced For Reasons Unconnected With Subcontractor's Work?

A pay when paid clause is one of the most contentious clauses in a building contract. Indeed, the clause is outlawed in most circumstances in the United Kingdom and some states of the United States. In Canada, there is…more
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When Is Faulty Workmanship Excluded From A Builders' Risk Policy?

One of the most difficult issues in construction law is the proper interpretation of an exclusion for faulty workmanship in a Builders' Risk policy. The amounts in issue can be huge and if the exclusion applies, the absence of…more
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Waiver During A Bidding Process Held To Bar Claim Arising From The Tender

The Ontario Superior Court recently dealt with the troubling issue of whether an owner can rely upon a waiver of claims signed by a bidder during a tender to defeat a contractor's claim arising from the tender. The court held…more
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Grounds For Reviewing Arbitration Decisions Are Narrow: B.C. Court of Appeal

A recent decision of the British Columbia Court of Appeal warned that the grounds for reviewing an arbitral award are narrow. In Boxer Capital Corp. v JEL Investments Ltd., the court noted that the arbitral dispute had gone…more
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Owner Awarded Nominal Damages For Deficient Construction Not Affecting Market Value

What is the appropriate remedy when a contractor fails to build the building in accordance with the specifications but the deficiencies are not proven to affect the market value of the property? Should the answer to that…more
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What Is An "Organizing Principle", a "Duty" and a "Term" of a Contract?

In its decision in Bhasin v Hrynew, the Supreme Court of Canada established two fundamental principles for the Canadian common law of contract. First, it is an 'organizing principle" of contract law that the parties must…more
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Contracts Must Be Honestly Performed Says The Supreme Court Of Canada

In its recent decision in Bhasin v Hrynew, the Supreme Court of Canada has established two fundamental principles for the Canadian common law of contract. First, parties are under a general obligation to perform contracts in…more
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Eight Rules of Tender Law Pronounced By The Ontario Court of Appeal

The Court of Appeal recently made a number of significant rulings in a tender case. While the rulings were based upon the specific wording of the tender in that case, they were made in the context of a major Ontario highway…more
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Ontario Court Has No Power To Extend Period For Setting Aside A Domestic Arbitral Award

The Ontario Court of Appeal recently held that an Ontario court has no power to extend the time for an application to review or appeal from a domestic arbitration award. This is an important decision for anyone involved in…more
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The Supreme Court Of Canada Proclaims 10 Rules For The Interpretation Of Contracts And The Review Of Arbitration Awards

The Supreme Court of Canada's recent decision in Sattva Capital Corp. v Creston Moly Corp. is a remarkable document. It is more than a judicial decision. It is literally a textbook or checklist for the interpretation of…more
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When May A Mareva Injunction Be Issued To Enforce An International Commercial Arbitration Award?

The British Columbia Court of Appeal recently considered the use of a Mareva Injunction to enforce an award of an international commercial arbitration. The court over-turned the lower court's decision which had denied that…more
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Does An Informal Agreement To Mediate Stop The Limitation Period From Running?

Mediation seems like apple juice: no harm in taking it and it might do some good. But mediation has a trap: the limitation period. If a party enters into mediation and lets the limitation period go by, then that's real…more
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Can An Entire Agreements Clause Make A Party To An Agreement Also A Party To Another Agreement?

In Construction projects, there will often be several agreements between the various participants. Those agreements may contain "entire agreement" clauses to ensure that the parties are bound only by the terms of the agreement…more
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What Is The Effect Of Res Judicata On Arbitration?

The recent decision of the British Columbia Supreme Court in Boxer Capital Corp. v JEL Investments Ltd. raises some fascinating issues with respect to the application of the doctrine of res judicata to the arbitration process…more
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Is Loss Due To An Inevitable Event Covered By Property Damage Insurance?

A continuing issue relating to property damage insurance is whether loss which is bound to occur due to an unknown fault or defect in the structure is covered by the insurance policy. The policy may be a builders' risk insurance…more
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Toronto, Ontario M5H 2T4, Canada

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Areas of Practice
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