Thomas Heintzman – Arbitration Place

Bay Adelaide Centre, 333 Bay St. Suite 900
Toronto, Ontario M5H 2T4, Canada

  • 416-848-0203

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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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
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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
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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
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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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When Is An International Arbitration Award Enforceable Against A Non-Signatory To The Arbitration Agreement?

An important issue relating to enforcement of an arbitral award is whether the award can be enforced against a party who did not sign the arbitration agreement. If the arbitral tribunal sitting outside Canada finds that party to…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 - The Fifth Issue: Determining Damages In An Unfair Tender Case

In two prior articles I dealt with four questions: . When must a sponsor's conduct occur for it to be considered unfair? . What is the standard of review to be applied to a sponsor's decision to select one bid over the…more
| Construction Law
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