Thomas G. Heintzman, O.C., Q.C., FCIArb

Welcome To Heintzman ADR:

Thomas Heintzman is offering ADR services from new premises.  Heintzman ADR is located at Arbitration Place, The Bay Adelaide Centre, 333 Bay Street, Suite 900, Toronto, Ontario.

Heintzman ADR will offer you and your clients efficient and effective dispute resolution services based on over 40 years’ experience in complex commercial disputes and construction law.

Arbitration Place provides hearing and meeting rooms in a modern environment, offering the latest technology combined with convenient breakout facilities, court reporters, catering facilities, secretarial assistance to accommodate a wide variety of needs.  It is an ideal place to conduct mediations and arbitrations.  For more information see www.arbitrationplace.com.

Helping you with ADR solutions

You may contact Tom Heintzman to discuss his potential appointment as an arbitrator or mediator, or if you have any questions about ADR and the dispute resolution process.

 Please contact Thomas Heintzman at Heintzman ADR:

Email:              tgh@heintzmanadr.com
Office:             416-848-0203

How To Use This Site:   

This site is organized to help you find the information you may require.  Please click on the headings to find the following information:

  • About Thomas Heintzman: 
    Contains detailed information on his career, background, areas of expertise, landmark cases, etc.  This information can be used to assist in your decision as to whether his experience is appropriate for your matter.
  • About Alternative Dispute Resolution: 
    This section contains information about mediation and arbitration and the advantages of these forms of dispute resolution.  Also included are draft agreements relating to the retention of an arbitrator or mediator.  These drafts are not presented as final agreements, but to identify the issues that should be considered in finalizing an agreement.
  • About Articles on Recent Cases:
    Under this heading you will find discussions and analyses by Tom concerning recent court decisions relating to arbitration, mediation and construction law.  The articles are also organized by subject matters, so you may conduct your search by category of subject matter.  You can also use the search button at the top of the home page to find articles on specific subjects.
  • About Construction Law:
    You can link to Tom’s construction law site at www.constructionlawcanada.com.  As the author of Heintzman and Goldsmith on Canadian Building Contracts, Tom has a particular interest and expertise in construction law.

The analysis of cases found on both websites offers a comprehensive resource for you to keep up with ADR and Construction law.  Please note that discussions and articles represent Tom’s personal views and do not constitute legal advice.

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Can The Parties Contract Out Of The UNICITRAL Model Law?

The Model Law of the United Nations Commission on International Trade Law (UNCITRAL) applies to international commercial arbitration agreements and awards. The Model Law has been adopted in all the provinces and territories of Canada, For instance, the Model Law has been adopted in the Ontario International Commercial Arbitration Act (ICCA). Under article 34 of […]

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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 party accepts the repudiation or not. If the repudiation is accepted, then the contract comes to […]

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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 amounted to the commencement of the arbitration of any counterclaim. In Glencore International AG v (1) PT Tera Logistic Indonesia (2) PT Arpeni Pra, the English court held that if the notice given by the claimant, […]

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Can An Arbitral Tribunal Summons The Decision-Makers Of A Public Authority?

When a contract dispute between a public authority and a private party proceeds to arbitration, can the private party inquire into the process or reasoning that led to public authority’s decision in question? For instance, if the public authority decides to terminate a construction contract, or to award a tender to one bidder, can an […]

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An Opt-In “May Arbitrate” Clause Is Enforceable, But Only If Triggered: Privy Council

One of the ongoing issues in Canadian arbitration law is whether an “opt in” arbitration clause is enforceable as a mandatory submission to arbitration. Under such a clause, one party “may” serve a notice of arbitration, and if that party does so, then arbitration shall ensue. Some Canadian court decisions, particularly older ones, held that […]

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Arbitral Rules Held To Exclude Right To Appeal Arbitration Award

Parties who select arbitral rules, or the administration facilities of an arbitral institution, may do so because they believe that the rules or institution will provide a fair and efficient administration of the arbitral process. They may not suspect that the rules will affect their right to appeal the award. However, in Highbury Estates Inc. […]

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Alberta Court Issues Wide-Ranging Judgment on Settlement and Mediation of Arbitrations

In Pinder v. Woodrow, the Alberta Court of Queen’s Bench recently issued a judgment addressing a number of arbitration and mediation issues. The judgment arose from a settlement that in turn arose from a mediation conducted during the course of the arbitral hearing. As a result, the court dealt with a number of issues that […]

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Can Conduct Relating To A Mediation Lead To A Higher Costs Award?

In Ross v. Bacchus, the Ontario Court of Appeal recently set aside an order of the trial judge awarding a higher level of costs because of the defendant’s conduct at the mediation. This decision emphasizes that, absent proof of bad faith, courts will be reluctant, at least in Ontario, to impose costs awards relating to […]

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Foreign Judgment Is Enforceable Without Proof Of Connection To Canada: Supreme Court Of Canada

In its recent decision in Chevron Corp. v. Yaiguaje, the Supreme Court of Canada has held that a foreign judgment may be enforced in Canada without the claimant demonstrating that the claim or the judgment debtor has any connection to Canada. Rather, it is the claim’s connection to the jurisdiction where the judgment was rendered […]

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Ontario Court Declines To Enforce a Mareva Injunction In Aid Of An International Commercial Arbitral Award Due To Non-Disclosure

In Stans Energy Corp. v. Kyrgyz Republic, the Ontario Divisional Court recently refused to uphold a Mareva injunction issued to enforce an arbitral award made in Russia due to the applicant’s failure to fully disclose the proceedings to review that award in Russia. This decision is of interest on two accounts First, it is a […]

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