Thomas Heintzman – Arbitration Place

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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Can An Arbitrator Award Compound Interest?

In the recent decision in British Columbia v Teal Cedar Products Ltd., the Supreme Court of Canada decided that compound interest could not be awarded in an arbitration arising from a statutory compensation regime. Under that…more

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The Seven Principles Of Value For Unjust Enrichment

What is something worth? And if it's worth something to you, is it worth the same to me? Or is everything in the eyes of the beholder? These are tough questions at the best of times. But they are even tougher in the case of a…more

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Does A Construction Lien Bond Satisfy A Trust Fund Claim?

There are several different remedies provided in construction and builders lien legislation that do not necessarily fit together well. Two remedies available to a subcontractor are the lien claim against the land and the trust…more

| Construction Law

May An Order Dismissing A Stay Motion Be Appealed?

In Canada, there has been a controversy about appeals from stay motion decisions in the context of arbitration clauses. The issue is whether a decision of a motion judge denying the stay of an action, when the moving party…more

| Alternative Dispute Resolution (ADR)

The Mother Of All Tender Cases Revisited: Three More Issues

The last article I wrote on Evnoy Relocation Services Inc. v Canada (Attorney General) considered the impact of Contract A - Contract B principles of tender law. There are many more interesting issues which emerge from this…more

| Construction Law

The Mother Of All Tender Cases!

The recent decision in Envoy Relocation Services Inc. v Canada (Attorney General) certainly deserves the title of Mother of All Tender Cases. It is a judgement of over 1800 paragraphs in which Mr. Justice Annis of the Superior…more

| Construction Law

Is A "May Arbitrate" Clause Mandatory Or Permissive?

What is the meaning of an arbitration clause which states that a dispute "may be determined by arbitration"? Does the clause mean that the arbitration process is permitted but not mandatory? Or does the word "may" mean that the…more

| Alternative Dispute Resolution (ADR), Construction Law

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