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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Does An Informal Agreement To Mediate Stop The Limitation Period From Running?

Mediation seems like apple juice:  no harm in taking it and it might do some good. But mediation has a trap:  the limitation period. If a party enters into mediation and lets the limitation period go by, then that’s real harm. In a number of reported cases, one party to a mediation did exactly that […]

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Can An Entire Agreements Clause Make A Party To An Agreement Also A Party To Another Agreement?

In construction projects, there will often be several agreements between the various participants. Those agreements may contain “entire agreement” clauses to ensure that the parties are bound only by the terms of the agreement they sign. But could the entire agreement clause have the opposite effect if it refers to one of the other agreements? […]

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Alberta Court Of Appeal Upholds The Dismissal Of A Claim Which Ought To Have Been Arbitrated

One challenge facing a party to an arbitration clause is preserving a claim against the running of the limitation period. Starting the wrong claim may mean that the claim will be dismissed. That is now apparent from the recent decision of the Alberta Court of Appeal in A.G. Clark Holdings Ltd. v. HOOPP Realty Inc.. […]

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What Is The Effect Of Res Judicata On Arbitration?

The recent decision of the British Columbia Supreme Court in Boxer Capital Corp. v. JEL Investments Ltd. raises some fascinating issues with respect to the application of the doctrine of res judicata to the arbitration process.  The court effectively held that res judicata applies with all its force and effect to arbitration.  For this reason, […]

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What Authority Does The Court Have To Interfere With Decisions Of Arbitrators?

This article will discuss the attitude of Canadian courts toward reviewing arbitral decisions.  The decisions of Canadian judges reflect the legislative regime in the provincial Arbitration Acts which mandates a starkly different approach toward final arbitral awards as opposed to interlocutory decisions (that is, decisions made by the tribunal during the proceeding, and not the […]

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