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

Newfoundland Court Holds That Parties Can Contract Out Of Statutory Remedies For Review Of Arbitral Awards

In its recent decision in Newfoundland and Labrador v. ExxonMobil Canada Properties, 2017 NLTD(G) 147, the Supreme Court of Newfoundland and Labrador decided a number of issues relating to the review of arbitral awards. In particular, the court held that the parties may limit the scope of court review of arbitral awards provided by the […]

Continue Reading

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 […]

Continue Reading

The Supreme Court Of Canada Proclaims 10 Rules For The Interpretation Of Contracts And The Review Of Arbitration Awards

The Supreme Court of Canada’s recent decision in Sattva Capital Corp. v. Creston Moly Corp. is a remarkable document. It is more than a judicial decision. It is literally a textbook or checklist for the interpretation of contracts and the review of arbitration decisions. Background First, the context. Creston agreed to pay Sattva a finder’s […]

Continue Reading