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 An Arbitrator Decide An Issue Falling Within A Statutory Regime?

The recent decision in Advanced Explorations Inc. v. Storm Capital Corp. dealt with the question of whether an arbitral tribunal has the authority to decide an issue arising out of a statutory regime over which a regulatory tribunal has specific authority. That question is a thorny jurisdiction issue in the law of arbitration. The decision […]

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When May A Mareva Injunction Be Issued To Enforce An International Commercial Arbitration Award?

In Sociedade-de-Fomento Industrial Private Ltd. v. Pakistan Steel Mills Corp. (Private) Ltd, the British Columbia Court of Appeal recently considered the use of a Mareva injunction to enforce an award of an international commercial arbitration. The court over-turned the lower court’s decision which had denied that remedy based upon alleged material non-disclosure. In doing so, […]

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The Supreme Court Of Canada Holds That A Mediation Agreement Doesn’t Preclude Proof That There Was Or Wasn’t A Settlement

The Supreme Court recently released its decision in Union Carbide Canada Inc. v. Bombardier Inc., 2014 SCC 35. In that decision, the Supreme Court dealt with two principles relating to mediations. The first principle is that settlement discussions are inherently confidential and therefore privileged from disclosure.  This principle is not based on statute law. Rather, […]

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Does Competence-Competence Apply To Domestic Arbitration?

Competence-competence is a central principle of international commercial arbitration: the tribunal has the competence to decide its own jurisdiction. This principle is embedded in Article 16 of the UNCITRAL Model Law. For this reason, a court will await the arbitral tribunal’s decision on its own jurisdiction before undertaking a review of that issue, unless the […]

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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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