Thomas Heintzman – Arbitration Place

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

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

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

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

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

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

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

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

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

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

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

What Authority Does The Court Have To Interfere With Decisions Of Arbitrators?

This article discusses the attitude of Canadian courts toward reviewing arbitral decisions. The decisions of Canadian judges reflect the legislative regime in the provincial Arbitration Acts which mandates a starkly different…more

Alberta Court of Appeal Holds That A Court Action Is Not A Notice Of Arbitration

In previous articles I have warned readers about the dangers of the limitation period in relation to arbitration claims. These dangers are highlighted by the recent decision of the Alberta Court of Appeal in Lafarge Canada Inc…more

What Are "Making Good", "Faulty Workmanship" and "Resulting Damage" Under a Builders' Risk Policy?

The decision in Ledcor Construction Ltd. v Nortbridge Indemnity Insurance Company is another attempt by a Canadian court to deal with the ambiguity in the Builders' risk insurance policy. The wonder is that insurers and builders…more

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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