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ARTICLE · 28 FEBRUARY 2025

A Smoother Path To Resolution: Ontario's Construction Adjudication Overhaul

McCague Borlack LLP
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Similar to many different areas of law, in Construction Law there is a mechanism for alternative dispute resolution, namely interim adjudication. Using adjudication as an alternative can be an effective way to resolve.

CanadaLitigation, Mediation & Arbitration
Ali Aghaeinia
Ali Aghaeinia
Eric Turkienicz
Eric Turkienicz
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Similar to many different areas of law, in Construction Law there is a mechanism for alternative dispute resolution, namely interim adjudication. Using adjudication as an alternative can be an effective way to resolve the issues more efficiently and at a lower cost. This is particularly valuable in the construction industry where disputes could grind a project to a halt, impacting all manner of tradespeople and suppliers who depend on precise scheduling to complete the project.

The Construction Act (the "Act") currently enables the adjudication process to be binding with regard to certain issues, which are listed in section 13.5(1).1 However, Bill 126 (the "Bill") made several changes to the Act, among which was an expansion of what can be adjudicated.2 The Bill received Royal Assent on November 6, 2024, but the changes it introduced still remain to come into effect. These changes enable the parties to refer to adjudication of all matters disputed which are

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