Thomas Heintzman
Arbitration Place

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Bay Adelaide Centre, 333 Bay St. Suite 900
Toronto, Ontario M5H 2T4, Canada
Phone: 416-848-0203
Areas of Practice
  • Alternative Dispute Resolution (ADR)
  • Appellate Practice
  • Class Action
  • Commercial Law & Contracts
  • Communications & Media Law
  • Constitutional Law
  • Construction Law
  • Environmental Law
  • Finance & Banking
  • Insurance
  • Litigation
  • Securities Law
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Contract Limitation Clause Precludes Contractor's Claim Over Against Designer

The limitation periods which apply to construction claims are difficult to sort out at the best of times. They are even more complicated when the limitation period applies to a claim over for contribution or indemnity. That…more
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New International Commercial Arbitration Act Enacted In Ontario

On March 22, 2017, a new International Commercial Arbitration Act, 2017 came into force in Ontario. The 2017 ICCA is contained in Schedule 5 to the Burden Reduction Act and replaces the existing Ontario International Commercial…more
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Faulty Workmanship Exclusion In A Builders’ Risk Policy Excludes Only The Cost Of Re-Doing The Faulty Work: Supreme Court Of Canada

The Supreme Court of Canada has issued a definitive decision about the scope of the “faulty workmanship” exclusion in Builders’Risk insurance policies. The Supreme Court has held that the clause only excludes coverage for the…more
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When Does The Limitation Period Start When A Party Repudiates A Contract?

You might think that there is one answer to this question. But in Pickering Square Inc. v. Trillium College Inc., the Court of Appeal for Ontario recently reminded us that there are two answers, depending on whether the innocent…more
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Is The Commencement Of An Arbitration Claim Also The Commencement Of An Arbitration Counterclaim?

In a recent English decision, the court held that the commencement of an arbitration by the claimant could also amount to the commencement of the arbitration of any counterclaim. In Glencore International AG v (1) PT Tera…more
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Evaluation Breached Tender Conditions: Alberta Queen's Bench Court

You would think that the owner would get one thing right before issuing an invitation for tenders: its standard for evaluating the tenders. Yet in Elan Construction Limited v South Fish Creek Recreational Association, the…more
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Damage To The Rebar And The Deflection Of Floor Slabs Are Covered Under Builders' Risk Policy: BC Court of Appeal

The extent of coverage under Builders' Risk policies is a matter of continuing debate in Canada. Insurers try to draft policies which do not cover the poor workmanship of contractors, and contractors continue to insist that they…more
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Trust Fund Obligations Continue After A Lien Bond Is Filed: Supreme Court Of Canada

The Supreme Court of Canada recently released its highly anticipated decision in Stuart Olson Dominion Construction Ltd. v Structal Heavy Steel. The court has held that the trust fund obligations on a construction project did…more
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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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