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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]
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]
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]
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]
10 Apr 2017, 10:03 am by Thomas G. Heintzman
On March 22, 2017, a new International Commercial Arbitration Act, 2017 came into force in Ontario (the 2017 ICAA). [read post]
14 Jan 2012, 9:00 pm by Thomas G. Heintzman
  The second important aspect of the Court of Appeal’s decision is its affirmation of the principle that “when a contract provides a time within which the contract work must be completed, the contractor is entitled to the whole of that time for doing the work” relying on Goldsmith and Heintzman on Canadian Building Contracts (4th ed) at chapter 5, part 1(d). [read post]
1 May 2016, 8:24 am by Thomas G. Heintzman
The courts of British Columbia have recently wrestled with the question whether they can review the award of an arbitrator dealing with the exercise of an option. [read post]
27 Aug 2017, 2:25 pm by Thomas G. Heintzman
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]
20 Feb 2017, 5:36 pm by Thomas G. Heintzman
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]