A Commentary On Adjudication Decisions Under The Construction Act

On November 5, 2024, Ontario's Divisional Court released its decision in Gay Company Limited and Sayers Foods Limited, 2024 ONSC 6123.

The matter involved an application for judicial review by Sayers of a determination of an adjudicator made pursuant to the Construction Act, R.S.O. 1990, c. C.30, as amended ("Construction Act").

After concluding that it had jurisdiction to hear the application, for which leave was granted on June 28, 2024, the Divisional Court determined that the Attorney General was required to be on notice of the application. The Court clarified that, while it is not necessary for a moving party to put the Attorney General on notice of a motion for leave to bring an application for judicial review under section 13.18 of the Construction Act, if leave is granted, the applicant is required to serve the notice of application on the Attorney General. Here, the Court ordered Sayers to put the Attorney General on notice of the application by serving