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ARTICLE · 09 NOVEMBER 2022

New Guidance On Jurisdiction Arguments For Adjudications

Blaney McMurtry LLP
Blaney McMurtry LLP
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In reasons released October 4, 2022, the Divisional Court provided guidance on when jurisdiction arguments have to be raised on Construction Act adjudications (and confirmation that adjudicators...

CanadaLitigation, Mediation & Arbitration
Chad Kopach
Chad Kopach
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In reasons released October 4, 2022, the Divisional Court provided guidance on when jurisdiction arguments have to be raised on Construction Act adjudications (and confirmation that adjudicators can properly determine jurisdictional challenges), and answered an important question on whether the abandonment or termination of a contract results in the contract ceasing to exist.

The matter came before Regional Senior Justice Ricchetti as a motion for leave to bring an application for judicial review, in an effort to set aside an adjudicator's determination. In the underlying adjudication, the Owner (Pasqualino) was ordered to pay $119,314 to his Contractor (MGW-Homes) in respect of unpaid invoices for renovation work done at the Owner's property.

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