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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When May An Arbitral Tribunal Correct Its Award?

Arbitrators are mortal. They may make mistakes in issuing their awards. In what circumstances may they correct an award? The scope of the authority of an arbitral tribunal to alter its award after the issuance of the award has been examined in a recent Scottish case – NKT Cables A/S v. SP Power Systems Limited, […]

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New International Commercial Arbitration Act Enacted In Ontario

On March 22, 2017, a new International Commercial Arbitration Act, 2017 came into force in Ontario (the 2017 ICAA). The 2017 ICAA is contained in Schedule 5 to the Burden Reduction Act, 2017, SO 2017, c. 2.. The 2017 ICCA replaces the existing Ontario International Commercial Arbitration Act, RSO 1990, c I.9 (the Old ICAA). […]

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Discovery Of Facts Following Mediation Impacts The Limitation Period: Ontario Court Of Appeal

In 625805 Ontario Ltd. v. Silverwood Flooring Inc., the Ontario Court of Appeal has recently held that the discovery of facts following a mediation had the effect of extending the limitation period. This decision has an important impact on the limitation period for all claims, and particularly claims arising from building projects, in which the […]

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Is A Notice Of Intention To Recover Costs A Proper Notice Of Claim Under A Building Contract?

In Ledore Investments Ltd. v. Ellis-Don Construction Ltd., the Ontario Superior Court has recently held that a letter from a contractor to a subcontractor stating that “we intend to recover these costs from you” was a sufficient notice to the subcontractor to satisfy the notice provision of the building contract. Accordingly, the court set aside […]

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Tort And Fraud Claims Fall Within Arbitration Agreement: Ontario Court Of Appeal

In Haas v. Gunasekaram, 2016 ONCA 744, the Ontario Court of Appeal recently held that claims in tort and fraud, and resulting claims to set aside the agreement between the parties, were within the jurisdiction of the arbitral tribunal under an arbitration agreement. Accordingly, the court action between the parties was stayed. This decision is […]

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Standard Form Contracts Are To Be Reviewed On A Standard Of Correctness: Supreme Court Of Canada

In, Ledcor Construction Ltd. v. Northbridge Indemnity Insurance Co, 2016 SCC 37, the Supreme Court of Canada has held that the interpretation of a standard form contract is a matter of law alone, and not a matter of mixed fact and law. Accordingly, it is not sufficient for a judge to arrive at a reasonable […]

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Is A “No Oral Variation” Clause In A Contract Binding?

Summary In MWB Business Exchange Centres Ltd v Rock Advertising Ltd [2016] EWCA Civ 553 and Globe Motors Inc v. TRW Lucas Varity Electric Steering Ltd. [2016] EWCA CIV 396, the English Court of Appeal has recently held that a contractual provision stating that the contract may only be amended by a written document signed […]

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Multiplicity Of Litigation Is Not A Sufficient Reason To Stay An Arbitration

The Saskatchewan Court of Appeal has recently released an interesting decision dealing with arbitration and court proceedings arising from a construction contract. In Saskatchewan Power Corp. v. Alberici Western Constructors, Ltd., 2016 CarswellSask 186, 2016, the court held that the arbitration clause of the main contract between the owner and the contractor should be enforced […]

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Ontario Court Of Appeal Upholds Decision In Popack v. Lipszyc re UNCITRAL Model Law

In my article on April 24, 2016, I commented upon the important decision of the Ontario Superior Court in Popack v. Lipszyc, 2015 CarswellOnt 8001, 2015 ONSC 3460. That decision has been recently upheld by the Ontario Court of Appeal. The Court of Appeal did not address the various legal issues dealt with in my article […]

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Sattva Limits The Court’s Power To Review Arbitral Award Relating To The Exercise Of An Option; B.C. Court of Appeal

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. In Urban Communications Inc. v. BCNET Networking Society, the arbitrator and a single judge of the B.C. Supreme Court arrived at diametrically opposite conclusions as to whether the […]

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