Nicholas Reynolds FCIArb, Q.Arb

Publications

• Co-author, “FamilyMart China Holding Co Ltd v Ting Chuan (Cayman Islands) Holding Corporation: Dividing Disputes Between Arbitration and Court,” November, 2023
• Co-author, “Country Comparative Guides – Canada – International Arbitration,” The Legal 500/Legalease, November, 2023
• Co-author, “Symtech Innovations Ltd. v. Siemens Canada Limited: The Importance of Giving Timely Notice of Claims in Ontario,” November, 2023
• Co-author, “Ponce v. Société d’investissements Rhéaume ltée: Good Faith and the Measure of Damages in Québec,” October, 2023
• Co-author, “Song Lihua v Lee Chee Hon: The Right to be Heard Requires an Arbitrator’s Full Attention (Don’t Drive While Arbitrating),” October, 2023
• Co-author, “Sjostrom Sheet Metal v Kelson: Transparency and Effective Communication in Non-Fixed Price Construction Contracts,” October, 2023
• Co-author, “Construction Arbitration in Canada,” The Guide to Construction Arbitration, Global Arbitration Review, October, 2023
• Co-author, “Sundance Development Corporation v. Islington Chauncery Residences Corp.: The Risks of Accepting an Uncertain “Repudiation” of Contract,” October, 2023
• Co-author, “C v D: Compliance with Pre-Arbitration Conditions — A Question of Admissibility Rather than Jurisdiction,” October, 2023
• Co-author, “Grupo Unidos Por El del Canal, S.A. et al v. Autoridad del Canal de Panama: Disclosure Obligations and Partiality in Arbitration Revisited,” September, 2023
• Co-author, “Sky Power v IrAero: Remote Arbitration Hearings May Create Difficulties for the Parties, But are Unlikely to Cause Prejudice,” September, 2023
• Co-author, “Mattamy (Downsview) Limited v. KSV Restructuring Inc. (Urbancorp): Procedural Fairness in Arbitral Proceedings,” July, 2023
• Co-author, “Devlan Construction Ltd v SRK Woodworking Inc: Joinder of Trust and Lien Claims is Not Permissible Under Ontario’s Construction Act,” July, 2023
• Co-author,  “Arad Incorporated v Rejali et al: Court Wary of Returning Security in Lien Claims on the Sole Basis of Statutory Adjudication,” July, 2023
• Co-author, “CZT v CZU: Deliberative Secrecy in Arbitration,” July, 2023
• Associate Editor, “A Guide to Canadian Construction Insurance Law,” 2nd Edition, Thomson Reuters, 2023
• Co-author, “Bhatnagar v. Cresco Labs Inc.: Clarifying the Duty of Honest Performance and the Presumption of Loss,” June, 2023
• Co-author, “Getting the Deal Through Construction: Canada,” Lexology, June, 2023
• Co-author, “Haider v Rizvi: Implications of Failing to Prescribe Form and Content of a Release,” June, 2023
• Co-author, “Kingsgate Property Ltd. v. Vancouver School District No. 39: Issue Estoppel and Prior Arbitrations under the Same Agreement,” May, 2023
• Co-author, “The Estate of Arbabbahrami v. MSH International (Canada) Ltd.: Implications for “War” and “Military or Usurped Power” Insurance Exclusions and Force Majeure Clauses,” May, 2023

• Co-author, “Husky Food Importers & Distributors Ltd v. JH Whittaker & Sons Limited: Ontario’s New Test for Staying Litigation in Favour of Arbitration to Determine the Validity of an Arbitration Agreement,” May, 2023
• Co-author, “Limits on the Presumption of Consistent Expression in Contracts: Baffinland Iron Mines v. Tower-EBC,” April, 2023
• Co-author, “Judicial Support for Expert Determination as a Dispute Resolution Alternative: KHM Cardiology Centres v Lambardar,” April, 2023
• Co-author, “Getting the Deal Through – Arbitration,” Lexology, March, 2023
• Co-author, “Aroma Franchise Company v Aroma Expresso: Guidance and Questions on Disclosure Obligations and Reasonable Apprehension of Bias in Arbitration,” March, 2023
• Co-author, “Peace River v Petrowest: Lessons Learned for the Construction & Infrastructure Industry,” November, 2022
• Co-author, “Country Comparative Guides – Canada – International Arbitration,” The Legal 500/Legalease, November, 2022
• Co-author, “Getting the Deal Through Construction: Canada,” Lexology, June, 2022
• Co-author, “Construction Law (Canada) Chapter,” Chambers Global Construction Law Guide, 2022, 2023
• Co-author, “Getting the Deal Through – Arbitration,” Lexology, February, 2022
• Co-author, “Getting the Deal Through – Arbitration,” Lexology, July, 2021
• Co-author, “Carillion, the Companies’ Creditors Arrangement Act and Construction Lien Act Trusts: Confusion (again) regarding certainty of subject matter and commingling of funds,” May, 2021
• Co-author, “Wastech v Greater Vancouver Sewerage: Uncertainty Remains,” March, 2021
• Co-author, “Callow v Zollinger: Developments in the Duty of Honest Performance and Good Faith’s Uncertain Future,” December, 2020
• Co-author, “Atlantic Lottery Corp v Babstock: Waiver of Tort Steps Out of the 17th Century, but Uncertainty Persists,” August, 2020
• C0-author, “Uber v Heller – The Evolution of Unconscionability,” July, 2020
• Co-author, “Construction Act to be Exempt from Suspension of Procedural Time Limits,” April, 2020
• Co-author, “COVID-19 – Health and Safety Implications,” March, 2020
• “CM Callow Inc. v. Zollinger: The Relevance of Good Faith in Terminating Construction Contracts,” October, 2019
• “Two Views of the Cathedral: Civilian Approaches, Reasonable Expectations, and the Puzzle of Good Faith’s Past and Future,” (2019) 44:2 Queen’s Law Journal 127
• “Class Proceedings and the Future of Boilerplate in Consumer Contracts: Unconscionability as a Common Law Solution to Class Action Avoidance,” (2018) 13:2 Canadian Class Action Review 227
• “The New Neighbour Principle: Reasonable Expectations, Relationality, and Good Faith in Pre-Contractual Negotiations,” (2017) 60:1 Can Bus LJ 94
• “Dead or Alive? The Future of Entire Agreement Clauses,” (2016) 1 J Can C Construction Law 155, co-authored with Markus Rotterdam
• “Nothing to Fear: Judicial Restraint Post-Bhasin,” (2016) 32:6 Construction Law Letter
• “Case Comment on Yorkwest Plumbing v Nortown,” Ontario Bar Association Newsletter (May 27, 2016), online: http://tinyurl.com/gtsvc5a