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16 Feb 2016, 7:01 am by Thomas G. Heintzman
See Heintzman and Goldsmith on Canadian Building Contracts (5th ed.), Chapters 4§3(d), 11§11(a), 12§6(b) [read post]
16 Sep 2012, 7:45 am by Thomas G. Heintzman
 Overview Courts are often unwilling to hold that an agreement is unenforceable for uncertainty when, by all appearances, the parties intended to make a contract. [read post]
12 Mar 2013, 5:53 am by Thomas G. Heintzman
One of the first issues that can arise in a dispute is whether arbitration or court proceedings must be pursued. [read post]
30 Mar 2014, 8:12 am by Thomas G. Heintzman
Building contracts – limitation clauses – negligent misrepresentation – architects and engineers Thomas G. [read post]
6 Aug 2017, 8:28 am by Thomas G. Heintzman
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 by Thomas G. Heintzman
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]
30 Mar 2013, 2:34 pm by Thomas G. Heintzman
Most commercial agreements contain a clause stating that the contract is binding upon and for the benefit of “successors. [read post]
27 Apr 2014, 7:10 am by Thomas G. Heintzman
Competence-competence is a central principle of international commercial arbitration: the tribunal has the competence to decide its own jurisdiction. [read post]
23 Sep 2012, 5:38 pm by Thomas G. Heintzman
A clause obliging the insurer to defend an insured, or pay for the insured’s defence, is a well know feature of liability insurance policies. [read post]
6 Jan 2013, 2:45 pm by Thomas G. Heintzman
The Queen’s Bench Court for Saskatchewan recently applied the Saskatchewan International Commercial Arbitration Act (SICAA) and the UNCITRAL Model law annexed to that Act and stayed an action based on the Saskatchewan Consumer Protection Act and a contract which was apparently between two Canadian entities. [read post]
17 Jul 2017, 5:05 am by Thomas G. Heintzman
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]
18 Nov 2015, 4:43 pm by Thomas G. Heintzman
Bacchus, 2015 ONCA 347 Alternate Dispute Resolution – mediation – offer to settle – costs- insurance Thomas G. [read post]