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

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

Thomas G. Heintzman joined McCarthy Tétrault in 1967, and is counsel in our Litigation Group. Mr. Heintzman specializes in civil litigation and has been counsel in actions, arbitrations and appeals in Ontario, Newfoundland, Manitoba, British Columbia and New Brunswick. He has been particularly active in commercial disputes relating to securities law and shareholders rights, government contracts, broadcasting and telecommunications and environmental law.

Mr. Heintzman was president of the Canadian Bar Association from 1994 to 1995. He served on the National Executive of the Canadian Bar Association between 1991 and 1996, and was president of the Canadian Bar Association-Ontario (now the Ontario Bar Association) from 1989 to 1990. He is presently a bencher of the Law Society of Upper Canada, having been elected in 2003 and re-elected in 2007.

In 1980, Mr. Heintzman was appointed Queen's Counsel, and in 1998, he was appointed an Officer of the Order of Canada.

Mr. Heintzman was educated at Harvard University (1962, BA cum laude in economics), the University of London (1967, LLB) and Osgoode Hall Law School (1966, LLB). He was called to the bars of Ontario, Newfoundland and Alberta in 1968, 1977 and 1990, respectively.

Highlights of Mr. Heintzman's litigation career include the following cases:

Aboriginal Land Claim Cases

· Baker Lake (Hamlet) v. Canada (Minister of Indian Affairs and Northern Development) [1979] 1 F.C. 487 (T.D.).

Broadcasting and Telecommunications

· Capital Cities Communications Inc. v. Canada (Radio, Television & Telecommunications Commission), [1978] 2 S.C.R. 141 - Regulation of cross-border broadcasting.

· Challenge Communications Ltd. v. Bell Canada [1979] 1 F.C. 857 (Fed.C.A.) - CRTC's jurisdiction to regulate telephone inter-connection.

· Association for Public Broadcasting in BC v. CRTC, [1981] F.C. 524 - CRTC's jurisdiction over broadcast licenses.

· CRTC v. CTV Television Network et al, [1982] 1 S.C.R. 530 - CRTC's jurisdiction over content of television programming.

· Wah Shing Television & Partners Limited Partership and Chinavision Canada Corp. (1984), 13 D.L.R. (4th) 75 (Ont.H.C.) - Jurisdictional limits of Provincial Superior Courts over CRTC decisions.

· Morton v. Asper (1988), 55 Man. R. (2d) 61 - Dispute over the control of Global Television.

· Bell Canada v. Unitel Communications Inc., [1993] 1 F.C. 669 (Fed. C.A.) - CRTC's jurisdiction to regulate long-distance telephone service.

· British Columbia Telephone Co. v. Shaw Cable Systems (B.C.) Ltd., [1995] 2 S.C.R. 739 - Jurisdiction of CRTC and Provincial Labour Tribunals to regulate the installation of television cables on telephone lines.

· Telecommunications Workers Union v. CRTC et al, [1995] 2 S.C.R. 781 - Legality of CRTC's procedural practices.

· Mahar v. Rogers Cablesystems Ltd. (1995), 25 O.R. (3d) 690 (Ont.Gen.Div.)- Discretionary jurisdiction of Provincial Supreme Courts relating to interference with cable service fees.

· Federation of Canadian Municipalities v. CCTA 200 - Federal/Provincial jurisdiction over telecommunication facilities under municipal roads.

· Society of Composers, Authors and Music Publishers of Canada v. Canadian Assn. of Internet Providers (2004), 240 D.L.R. (4th) 193 (S.C.C.) - copyright and the Internet.

Class Actions

· Heather Leigh Munro v. Bausch & Lomb Inc. et al, Court File No. 22610/96 - Counsel in one of the first Ontario class actions certified for settlement purposes.

· Carom v. Bre-X Minerals Ltd. (1998) 20 C.P.C. (4th) 163; 41 B.L.R. (2d) 246; (1999), 43 O.R. (3d) 441; (1999), 44 O.R. (3d) 173 (S.C.J.) - Counsel in one of the first securities class actions.

· Smith v. Brockton (Municipality) et al, Court File No. 00-CV-192173CP: Judgment dated March 19, 2001 (unreported) - Counsel for the Province of Ontario in the Walkerton class action.

· 1176560 Ontario Limited et al v. The Great Atlantic & Pacific Company of Canada (2002), 62 O.R. 535; (2004), 70 O.R. (3d) 182 (Div. Ct.) - Counsel in a franchise class action. First chair of the firm's National Class Action Group.

· Axiom Plastics Inc. v. E.I. DuPont Canada Company (2007), 87 O.R. (3d) 352; (2008), 90 O.R. (3d) 72 (Div. Ct.) - Counsel in price fixing action.

Commercial, Corporate and Securities Law

· Newfoundland (Attorney-General) v. Churchill Falls (Labrador) Corp. (1983), 145 A.P.R. 181; 168 A.P.R. 91; [1988] 1 S.C.R. 1085 - Counsel to Hydro-Québec in successful defence of action commenced by Newfoundland to recall the power sold from Churchill Falls.

· Armak Chemical Ltd. v. Canadian National Railway Co. (1986), 7 C.P.C. (2d) 273 (Ont. H.C.); (1991), 5 O.R. (3d) 1 (Ont. C.A.) - Liability for railway operations.

· Walter E. Heller Financial Corp. v. American General Supply of Canada (1969) Ltd. (1986), 56 O.R. (2d) 257 (Ont. C.A.) - Ownership of assets of an insolvent debtor.

· Report on the Implications for the Canadian Capital Markets of the Provision by Financial Institutions of Access to Discount Brokerage Services - October 31, 1983 - Appeared in hearings before the Ontario Securities Commission in which the Commission upheld the banking industry's entitlement to undertake discount brokerage services.

· C.T.C. Dealer Holdings Ltd. and Ont. Securities Commission (1986), 59 O.R. (2d) 79 (Div.Ct.) - Appeared in the Ontario Securities Commission and before the Divisional Court in relation to the attempted takeover of Canadian Tire Corporation.

· Olympia & York Enterprises Ltd. v. Hiram-Walker Resources Ltd. (1987), 59 O.R. (2d) 254 at 255 (H.C.) - Acted as counsel to Hiram-Walker in the take-over battle relating to that company.

· Morton v. Asper (1988), 55 Man. R. (2d) 61 - Counsel for the successful parties in the dispute over the control of Global Television.

· Palmer v. Carling O'Keefe Breweries of Canada Ltd. (1989), 67 O.R. (2d) 161 (Div.Ct) - Oppression action re: takeover of Carling O'Keefe.

· counsel in several important oppression and shareholder remedy actions including: Palmer v. Carling O'Keefe Breweries of Canada Ltd. (1989), 67 O.R. (2d) 161 (Div.Ct); Canadian Pacific Ltd. (1990), 72 O.R. (2d) 545; (1990), 73 O.R. (2d) 212 (H.C.); GATX Corp. v. Hawker Siddeley Canada Inc. (1996), 22 B.L.R. (2d) 25; Lei v. Noble China Inc. (1996), 34 B.L.R. (2d) 172 (Ont.Gen.Div.); and Pente Investments Management Ltd. v. Schneider Corp. (1998) 43 B.L.R. (3d) 46; 42 O.R. (3d) 177 (Ont.C.A.).

· Canadian Pacific Ltd. (1990), 72 O.R. (2d) 545; (1990), 73 O.R. (2d) 212 (H.C.) - Arrangement re: Canadian Pacific.

· Trizec Corp., [1994] 10 W.W.R. 127 (Alta.Q.B.) - Represented debtholders of Trizec Corp., in proceedings relating to the restructuring arrangements for that Corporation.

· Instinet Corporation (1995), 18 OSCB 5439 - Appeared in OSC proceedings relating to the registration of computerized trading systems in Canada.

· GATX Corp. v. Hawker Siddeley Canada Inc. (1996), 22 B.L.R. (2d) 25 - Oppression case re: shareholders' right of first refusal.

· Lei v. Noble China Inc. (1996), 34 B.L.R. (2d) 172 (Ont.Gen.Div.)

· Pente Investments Management Ltd. v. Schneider Corp. (1998) 43 B.L.R. (3d) 46; 42 O.R. (3d) 177 (Ont.C.A.) - Oppression case re: takeover of Schneider Corp.

· Libbey Canada Inc. Ontario (Ministry of Labour) (1999), 42 O.R. (3d) 417 (C.A.) - Purchaser's liability for vacation pay.

· A v. Ontario Securities Commission, [2006] 141 C.R.R. (2d) 79; 144 C.R.R. (2d) 281 - Application of the Charter to officer's duty to testify before securities commissions.

Constitutional Law

· Capital Cities Communications Inc. v. Canada (Radio, Television & Telecommunications Commission), [1978] 2 S.C.R. 141.

· CRTC v. CTV Television Network et al, [1982] 1 S.C.R. 530.

· Upper Churchill Water Right's Revision Act, 1980, [1984] 1 S.C.R. 297.

· Newfoundland (Attorney-General) v. Churchill Falls (Labrador) Corp. [1988] 1 S.C.R. 1085.

· British Columbia Telephone Co. v. Shaw Cable Systems (B.C.) Ltd., [1995] 2 S.C.R. 739.

· Telecommunications Workers Union v. CRTC et al, [1995] 2 S.C.R. 781.

· Provincial Court Judges [1997] 3 S.C.R. 3.

Copyright

· Pro Arts Inc. v. Compass Craft Ltd. (1980), 28 O.R. (2d) 242 - Copyright and posters, punitive damages.

· CCH Ltd. v. Law Society of Upper Canada, [2004] 1 S.C.R. 339 - Copyright and electronic publishing.

· Society of Composers, Authors and Music Publishers of Canada v. Canadian Assn. of Internet Providers, [2004] 2 S.C.R. 427 - Copyright and the Internet.

· Robertson v. Thomson Corp., [2006] 2 S.C.R. 363 - Copyright and electronic publishing.

Environmental Law

· Canadian National Railway Co. v. Ontario (Director, Environmental Protection Act) (1992), 87 D.L.R. (4th) 603 (Ont. C.A.) - Environmental proceedings and appeal to the Ontario Court of Appeal relating to the responsibility of owners and mortgages for environmental clean-up.

· 1992 and 1993 - Counsel to Atomic Energy of Canada Limited in hearings of the Ontario Environmental Assessment Board for approval of Ontario Hydro's 25-year plan.

· Labrador Inuit Assn. v. Newfoundland (Minister of Environment and Labour) (1997), 152 D.L.R. (4th) 50 (Nfld.C.A.) - Counsel in successful appeal to the Newfoundland Court of Appeal concerning the environmental assessment of the Voisey's Bay Project.

Government Contracts and Conduct

· Newfoundland (Attorney-General) v. Churchill Falls (Labrador) Corp. (1983), 145 A.P.R. 181; 168 A.P.R. 91; [1988] 1 S.C.R. 1085 - Counsel to Hydro-Québec in successful defence of action commenced by Newfoundland to recall the power sold from Churchill Falls.

· Libbey Canada Inc. Ontario (Ministry of Labour) (1999), 42 O.R. (3d) 417 (C.A.).

Municipal Taxation

· Dist. Assessor, Cochrane v. Trans-Canada Pipelines, [1971] S.C.R. 257.

· Xerox v. Regional Assessment Comm., [1981] 2 S.C.R. 137.

Supreme Court of Canada

· Dist. Assessor, Cochrane v. Trans-Canada Pipelines, [1971] S.C.R. 257 - Municipal assessment.

· R. v. Imperial Oil Limited, [1974] S.C.R. 623 - Damage to underwater pipeline.

· Crump Mechanical Contracting Ltd. v. Toronto-Dominion Centre Ltd., [1977] 1 S.C.R. 25 - Construction law.

· Capital Cities Communications Inc. v. Canada (Radio, Television & Telecommunications Commission), [1978] 2 S.C.R. 141 - Regulation of cross-border broadcasting.

· Douglas Aircraft Co. of Canada v. McConnell, [1980] 1 S.C.R. 245 - Labour relations.

· Upper Churchill Water Right's Revision Act, 1980, [1984] 1 S.C.R. 297 - Inter-provincial rights.

· Xerox v. Regional Assessment Comm., [1981] 2 S.C.R. 137 - Municipal assessment.

· CRTC v. CTV Television Network et al, [1982] 1 S.C.R. 530 - Regulation of television programming.

· CRTC v. CTV Television Network et al, [1982] 1 S.C.R. 530 - CRTC's jurisdiction over content of television programming.

· Moore & Johnson, [1982] 1 S.R.R. 155 - Constitution law re: fishing.

· Newfoundland (Attorney-General) v. Churchill Falls (Labrador) Corp. [1988] 1 S.C.R. 1085 - Government contract.

· British Columbia Telephone Co. v. Shaw Cable Systems (B.C.) Ltd., [1995] 2 S.C.R. 739 - CRTC's jurisdiction over installation of cable television.

· Telecommunications Workers Union v. CRTC et al, [1995] 2 S.C.R. 781 - CRTC's procedural practices.

· Provincial Court Judges [1997] 3 S.C.R.3) - Compensation for judges.

· Soulos v. Korkontzilas, [1997] 2 S.C.R. 217 - Fiduciary duties.

· Guarantee Co. of North America v. Gordon Capital Corp. [1999] 3 S.C.R. 423 - Fidelity bonds.

· CCH Ltd. v. Law Society of Upper Canada, [2004] 1 S.C.R. 339.

· CCH Canadian Ltd. v. Law Society of Upper Canada, [2004] 1 S.C.R. 339 - Copyright and legal publishing.

· Society of Composers, Authors and Music Publishers of Canada v. Canadian Assn. of Internet Providers, [2004] 2 S.C.R. 427 - Copyright and the Internet.

· Robertson v. Thomson Corp., [2006] 2 S.C.R. 363 - Copyright and electronic publishing.

Since 2002, Mr. Heintzman has appeared in both LEXPERT/The American Lawyer Guide to the Leading 500 Lawyers in Canada, as well as the Canadian Legal Lexpert Directory, a guide to the leading law firms and practitioners in Canada. He is listed in the 2007-2009 editions of Chambers Global: The World's Leading Lawyers for Business as a leading lawyer in the area of dispute resolution. Mr. Heintzman is also listed as one of The Best Lawyers in Canada in the field of Administrative and Public Law, Class Action Litigation, Corporate and Commercial Litigation, Director and Officer Liability, International Arbitration, Legal Malpractice Law, Product Liability Law and Securities Law.

Mr. Heintzman is a member of the Canadian Bar Association, the Advocates' Society, the Inter-American Bar Association, the International Bar Association and l'Association des juristes d'expression française de l'Ontario. He is a fellow of the American College of Trial Lawyers and of the International Academy of Trial Lawyers.

Mr. Heintzman is the author of Goldsmith on Canadian Building Contracts (4th Ed.).

Mr. Heintzman is a past Trustee of the Canadian Outward Bound Wilderness School and Youtheatre Ontario, past Chairman of the Upper Canada College Association and of the Upper Canada College Foundation, a past Governor of Upper Canada College; and past President of the Harvard Club of Toronto. He was a founding summer counsellor and is a past director of Camp Oochigeas Oncology Camp for Children. He is a past director of Alliance Française (Toronto) and the National Youth Orchestra of Canada.

Fellow: American College of Trial Lawyers; International Academy of Trial Lawyers.