Feldt Electric v Gorbern Mechanical: Refusal To Comply With Adjudication Determination Attracts Minimal Consequences

Statutory adjudication in Ontario has, since its introduction, generated a meaningful body of case law. This case law has addressed concerns of procedural fairness, generating ample debate about the extent to which parties are entitled to procedural protections in adjudication as compared, for example, to arbitration or litigation.

Recently, this topic has generated a further case of significance. In Feldt Electric Ltd v Gorbern Mechanical Contractors Limited, 2025 ONSC 4150, the unsuccessful party in an adjudication refused to comply with a determination on the basis of jurisdictional and procedural fairness objections, resulting in the successful party moving to discharge the unsuccessful party's lien, dismiss its action, and return the lien security posted, or, alternatively, to stay its action and return the security. The recalcitrant party was successful in defending the motion, with its only adverse consequence being a disentitlement to costs.