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8 Jul 2012, 2:58 pm by Thomas Heintzman
One of the most difficult issues in the law of alternative dispute resolution is whether a mediation clause creates an enforceable obligation. [read post]
8 Jan 2012, 7:19 am by Thomas G. Heintzman
See Heintzman and Goldsmith on Canadian Building Contracts, 4th ed, Chapter 7, part 1. [read post]
16 Sep 2012, 7:36 am by Thomas 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]
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]
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]
9 Jul 2012, 6:09 am by Thomas G. Heintzman
One of the most difficult issues in the law of alternative dispute resolution is whether a mediation clause creates an enforceable obligation. [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]
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]
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]
12 Jul 2017, 4:50 am by Thomas G. Heintzman
Ellis-Don Construction Ltd., 2017 ONCA 518 Building contracts – dispute resolution clauses – arbitration – claim Thomas G. [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]
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]
9 Jun 2013, 8:36 am by Thomas G. Heintzman
Arbitration  -  Construction law  -  Mediation  -  Mandatory or Permissive arbitration  -  Stay of Arbitration Proceedings -  Appeal from Stay Application Thomas G. [read post]