Search for: "Thomas G. Heintzman"
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27 Aug 2017, 2:25 pm
The United Kingdom Supreme Court recently considered the question of whether the performance standard or the design standard prescribed in the contract took precedence. [read post]
22 Aug 2017, 1:29 pm
Boyko 2016 CarswellOnt 7332, 2016 ONSC 3016 Building contracts – construction and builders’ liens – unjust enrichment – juristic reason defence Thomas G. [read post]
6 Aug 2017, 8:28 am
Cassels Brock & Blackwell LLP, 2017 CarswellOnt 10114, 2017 ONCA 544 Building contract – assessment of damages – loss of a chance – negotiation of contract Thomas G. [read post]
23 Jul 2017, 6:51 am
This question seems very straightforward, but when the Arbitration Act provides several rights of appeal, depending on what the parties have or have not agreed upon, then which of those rights of appeal apply? [read post]
17 Jul 2017, 5:05 am
British Columbia, 2017 CarswellBC 1648, 2017 SCC 32 Building contracts – arbitration – appeal of arbitral awards – questions of law and mixed fact and law Thomas G. [read post]
12 Jul 2017, 4:50 am
Ellis-Don Construction Ltd., 2017 ONCA 518 Building contracts – dispute resolution clauses – arbitration – claim Thomas G. [read post]
27 Jun 2017, 5:29 pm
Lange, 2017 CarswellAlta 770, 2017 ABQB 305 Building contracts – termination – repudiation – fundamental breach Thomas G. [read post]
6 Jun 2017, 2:24 pm
Arbitrators are mortal. [read post]
28 May 2017, 6:32 am
See Heintzman and Goldsmith on Canadian Building Contracts, 5th ed. chapter 15 Building Contracts – Payment Bonds – Fiduciary Duties – Notice of Existence of Bond Thomas G. [read post]
3 May 2017, 8:29 am
On April 30, 2016, a Report was delivered to the Ontario Government proposing amendments to the Ontario Construction Lien Act. [read post]
18 Apr 2017, 11:42 am
The limitation periods which apply to construction claims are difficult to sort out at the best of times. [read post]
10 Apr 2017, 10:03 am
On March 22, 2017, a new International Commercial Arbitration Act, 2017 came into force in Ontario (the 2017 ICAA). [read post]
3 Apr 2017, 10:50 am
Thomas G. [read post]
12 Mar 2017, 9:41 am
Silverwood Flooring Inc., 2017 CarswellOnt 1734, 2017 ONCA 125 Building contracts – limitation periods – mediation – discoverability Thomas G. [read post]
5 Mar 2017, 7:22 am
Portage La Prairie Mutual Insurance Co., 2017 CarswellNS 38, 2017 CarswellNS 39, 2017 SCC 7 Interpretation of Contracts – Standard Form Contracts – Trade and Industry meaning – Thomas G. [read post]
20 Feb 2017, 5:36 pm
The Manitoba Court of Queen’s Bench recently held that the Canadian Revenue Agency (CRA) has priority over subcontractors and the bonding company in respect of holdback funds held by the owner in trust for the contractor. [read post]
30 Jan 2017, 7:32 am
Deslaurier Custom Cabinets Inc. v.1728106 Ontario Inc, (2016), 130 O.R. (3d) 2016 ONCA 246 Insurance – insurance clauses – subrogation – indemnity clauses Thomas G. [read post]
22 Jan 2017, 11:18 am
In J. [read post]
8 Jan 2017, 5:17 pm
Mascareignes Sterling Co Ltd v Chang Cheng Esquares Co Ltd (Mauritius), [2016] UKPC 21 Building contracts – fixed price contract – cost plus contract – extras Thomas G. [read post]
5 Dec 2016, 3:05 pm
In Ledore Investments Ltd. v. [read post]
