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

Who Is Entitled To The Holdback Funds: The Contractor’s Trustee In Bankruptcy Or The Payment Bond Surety?

When a contractor goes bankrupt and the bonding company pays the subcontractors, who is entitled to the holdback funds in the owner’s hands: the contractor’s trustee in bankruptcy or the bonding company? In Iona Contractors Ltd. (Receiver of) v. Guarantee Co. of North America, the Alberta Court of Appeal recently held that the bonding company […]

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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 […]

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Construction Law Canada

This website is intended to encourage discussion about recent developments in construction law in Canada.

The commentary in this website will relate to legislation and case law. Each item for discussion will be set out individually. The item will have a short description of the subject matter. Then, a lengthier discussion of the item will follow. The discussion is solely a matter of my personal view and opinion and does not constitute legal advice.

The discussion will generally follow the subjects addressed in my book: Heintzman & Goldsmith on Canadian Building Contracts (5th ed. Carswell).  Reference to that text will be made from time to time as “CBC”, that is Canadian Building Contracts. However, a broader range of subjects will be addressed in this site than those addressed in CBC.

I welcome any views about the commentary in this website and hope that a dialogue will develop about the distinctive aspects of construction law in Canada.

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