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

Does The UNCITRAL Model Law Apply To A Claim Under The Consumer Protection ACT?

The Queen’s Bench Court for Saskatchewan recently applied the Saskatchewan International Commercial Arbitration Act (SICAA) and the UNCITRAL Model law annexed to that Act and stayed an action based on the Saskatchewan Consumer Protection Act and a contract which was apparently between two Canadian entities. The decision in Zwack v. Pocha is important for two […]

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Can An Arbitration Award Be Set Aside For Unreasonableness?

If an arbitration agreement states that there is to be no appeal from the award under the agreement, can a party seek judicial review on the ground that the award is unreasonable?  In Dunsmuir v. New Brunswick, [2008] 1 S.C.R. 190, the Supreme Court of Canada set out a comprehensive analysis for the judicial review […]

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The New Canada-China Foreign Investment Agreement: Will the UNCITRAL Arbitration Rules Result In Enforceable Justice?

Canada has recently signed a Foreign Investment Promotion and Protection Agreement (FIPA) with the People’s Republic of China.  Under the Agreement, a complaining investor is entitled to submit a claim and have it dealt with under the UNCITRAL Arbitration Rules.  The real questions about this Agreement are: Will the UNCITRAL Arbitration rules in FIPA provide […]

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Can An Arbitration Award Survive Fraud?

When material evidence tendered to an arbitral tribunal is fraudulent, we expect the court having jurisdiction to be very inclined to set the award aside.  But as the recent decision of the English High Court in Chantiers de l’Atlantique S.A. v. Gaztransport & Technigaz S.A.S. demonstrates, “it ain’t necessarily so.”  In that case the award […]

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When Is A Mediation Agreement Enforceable?

One of the most difficult issues in the law of alternative dispute resolution is whether a mediation clause creates an enforceable obligation.  That issue has an impact on related issues and rights.  If a party gets the issue wrong, it may miss a limitation period or affect its right to rely upon an arbitration or […]

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Supreme Court of Canada Holds: Court May Dismiss Action Based On An International Commercial Agreement Even After The Defendant Files A Defence

A very recent decision of the Supreme Court of Canada has held that a court may properly dismiss an action arising from an international commercial agreement, even after the defendant has filed a Statement of Defence:  Momentous.ca Corp. v. Canadian American Association of Professional Baseball Ltd.  This decision is important since the contracts in issue […]

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Can You Change Horses When Appealing From An Arbitration Decision?

Arbitration and court proceedings may be different, but can a party substantially change its position when it appeals from an arbitration award to the court?  At the very least, it seems like questionable strategy to do so.  The British Columbia Court of Appeal held that the appellant could not do so in VIH Aviation Group […]

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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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Conduct After An Arbitration Award May Nullify That Award

A party to a contract may terminate the contract and then start an arbitration to confirm the validity of the termination. If the arbitral tribunal grants such a declaration, then that party better watch out that it doesn’t continue to treat the contract as still continuing. If it does, it may waive the termination, and […]

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Playing Offence, Not Defence, In International Arbitrations

What is the best way to protect the authority of international commercial arbitrations?  Is a party obliged to “play defence” and not ask the courts of the seat of the arbitration to interfere until after arbitration proceedings are commenced?  Or can a party “play offense” and ask those courts to take jurisdiction before any arbitration […]

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