Thomas Heintzman – Arbitration Place

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

Is an owner entitled to look behind a bid submitted in response to an invitation to tender and determine whether it is compliant with the terms of the invitation to tender, even though on its face the bid is compliant? And if…more

Most commercial agreements contain a clause stating that the contract is binding upon and for the benefit of "successors." What does the word "successors" mean? Who are "successors"? Do those who enter into the contract know…more

Can inaction by a party to a contract amount to an acceptance of the repudiation of the contract by the other party? That was the issue in a very recent decision of the Ontario Court of Appeal in Brown v. Belleville…more

One of the first issues that can arise in a dispute is whether arbitration or court proceedings must be pursued. The issue will often arise from a motion by a defendant in the action. The defendant will bring a motion to stay…more

A recurring issue in arbitration and construction law is whether an agreement to mediate is enforceable. That is because an arbitration or building contract may contain a clause imposing an obligation to mediate before…more

A recurring issue in arbitration law is whether a third party is bound to assert his or her claims by way of arbitration, even though the third party is not a party to the arbitration agreement. The Alberta Court of Appeal…more

The Ontario Court of Appeal recently dealt with the issue of what sort of representations amount to fraud, and what representations survive an "entire agreements" clause. The Court held that when, during the pre-contractual…more

A building contract usually includes a term requiring that the work or materials supplied adhere to the specifications. The contract may also contain implied or express warranties that the work will be fit for the intended…more

Canada has recently signed a Foreign Investment Promotion and Protection Agreement (FIPA) with the People's Republic of China. Under the Agreement, a complaining Investor is entitled to submit a claim and have it dealt with…more

When does the limitation period start for an arbitration claim? Can the very making of the demand start the period running? Yes, the Ontario Court of Appeal recently said in Federation Insurance Co. of Canada v. Markel…more

A recent decision of the Supreme Court of Canada has held that a court may properly dismiss an action arising from an international commercial agreement, even after the defendant has filed a Statement of Defence. This decision…more

Most standard form building contracts provide for the incorporation of the main contract into the subcontract. What effect does an Incorporation by Reference clause in the subcontract have? Recently the Ontario Superior Court…more

A party to a contract may terminate the cntract and then start an arbitration to confirm the validity of the termination. If the arbitral tribunal grants such a declaration, then that party better watch out that it doesn't…more

A recurring issue for construction and builders liens is whether the liens have priority over mortgage advances. One question which does not often arise is: what sort of payments by a mortgagee do constitute "advances" under a…more