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

When Does The Negotiation End And The Limitation Period Begin For An Arbitration Claim?

Arbitration  – Negotiations – Limitation Periods – Contract – Subcontract An arbitration clause in a contract may be written in a way that encourages the parties to settle their differences by negotiation and agreement.  But if the parties attempt to do so and fail, can one of the parties then say to the other:  “Gotcha! […]

Continue Reading

Does A Breach of Fiduciary Duty Fall Within An Arbitration Clause?

In the recent decision, St. Pierre v. Chriscan Enterprises Ltd., the British Columbia Court of Appeal considered whether a claim by an owner against the project manager for breach of fiduciary duty fell within the wording of the arbitration clause in the project management agreement. The arbitration clause stated that disagreements “as to the interpretation […]

Continue Reading

Arbitration Appeal Rights: Think About Them Before Signing A Contract

Owners and contractors will normally insert an arbitration clause into their contract. When they do so, they rarely consider their rights of appeal from an arbitral award. The recent decision of the Ontario Court of Appeal in Kingsway Insurance Company v. Gore Mutual Insurance Company provides a good opportunity to develop a strategy towards appeal […]

Continue Reading