Is a person bound to mediate before commencing an action or arbitration if the contract or applicable statute requires mediation? Or should an obligation to mediate only become effective after an action or arbitration has been commenced? And if mediation is a pre-condition to suing or arbitrating, does the limitation period run before the mediation […]
Continue Reading →A Mediation Obligation Is Enforceable Says The Ontario Court of Appeal
Posted by: Thomas G. Heintzman
Has The Limitation Period For Constructive Trust Claims Been Thrown Wide Open?
Posted by: Thomas G. Heintzman
Constructive trust claims are a natural for construction projects. Unpaid subcontractors and suppliers may have improved the land owned by or secured to the owner or mortgagee. But they may have a worthless claim against a bankrupt contractor and may have let the time for filing a construction lien claim pass by. In these circumstances […]
Continue Reading →Does An Informal Agreement To Mediate Stop The Limitation Period From Running?
Posted by: Thomas G. Heintzman
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 […]
Continue Reading →Same Court, Different Results: When Does The Limitation Period Start For An Arbitration Claim?
Posted by: Thomas G. Heintzman
When does the limitation period start for an arbitration claim? Can the very making of the demand start the period running? Yes, the Ontario Court of Appeal recently said in Federation Insurance Co. of Canada v. Markel Insurance Co of Canada. In so deciding, the Court of Appeal seems to have reached a conclusion which […]
Continue Reading →The Limitation Period Quagmire Between Litigation And Arbitration
Posted by: Thomas G. Heintzman
The limitation period is a vexing issue to any party involved in a commercial dispute. This truism applies even more to construction disputes because there are a variety of events that may trigger the beginning of the limitation period. The limitation issue becomes even more vexing when the proceeding can be either: by way of […]
Continue Reading →Tenders in Construction Projects – Which Limitation Period Applies?
Posted by: Thomas G. Heintzman
What is the limitation period for the commencement of an action arising from a tender in a construction project? If the owner is a municipality or other public body, does a limitation period in its incorporating legislation apply to the tender? These were the questions recently faced by the Prince Edward Island Court of Appeal […]
Continue Reading →When Does the Limitation Period Start For A Negligent Construction Claim?
Posted by: Thomas G. Heintzman
When Does the Limitation Period Start For A Negligent Construction Claim? The law of Limitations creates a difficult question for those involved in construction projects: When does the limitation period begin for a claim in negligence arising from a construction project? In Timminco Ltd. v. ABB Industrial Systems Inc., an Ontario judge recently held that […]
Continue Reading →Limitation Period for Construction Project Claims
Posted by: Thomas G. Heintzman
January 30, 2011 Limitation Period for Construction Project Claims This week I will examine a recent decision of the Court of Appeal for Ontario which has settled an important issue concerning the Limitation period for actions arising from construction projects. In Waterloo Region District School Board v. Truax Engineering Ltd, the Court confirmed that the limitation period for […]
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