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Home > Country profiles > Canada > Articles > Article detail

Interim Adjudication Amendments: Authority And Timelines

Monday, 19th March 2019

"Part II.1 of the Construction Act (Ontario) (the "Act") introduces a new mandatory interim dispute resolution adjudication process which comes into force October 1st, 2019. It is imperative that both owners and contractors are aware of its fast approaching implementation.

The new adjudication framework provides a party to a contract the ability to refer a matter involving another party to the contract to adjudication. The rationale is that this will provide a quicker, cost effective, and more streamlined approach to dispute resolution with an experienced construction adjudicator. Time will tell if the proposed dispute resolution framework will work as promised. The likelihood of success will almost certainly be determined by the quality and experience of the adjudicator appointed to the dispute. Interestingly, adjudicators will not necessarily be lawyers, mediators, or traditional arbitrators. Instead, it appears that adjudicators can have any relevant occupation as required to provide the expertise needed on any given dispute. Adjudicators may be architects, engineers, or other professionals in the industry and will be appointed by an Authorized Nominating Authority (the "Authority").

The disputes to be referred to adjudication involve determining the value of services or materials provided under the contract, disputes involving holdbacks, set-offs, change orders, and non-payment."

Read in full:

Source: Miller Thompson LLP
Language: English
Contact: Michael McCluskey and Trenton D. Johnson

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