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ARTICLE · 02 DECEMBER 2021

Adjudication: ODACC Releases Second Annual Report

Osler, Hoskin & Harcourt LLP
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In Ontario, the Construction Act, R.S.O. 1990, c. C.30 (the Act) defines the authority responsible for administering construction related adjudications and for training and qualifying adjudicators.

CanadaReal Estate and Construction
Lia Bruschetta
Lia Bruschetta
Cole Tavener
Cole Tavener
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In Ontario, the Construction Act, R.S.O. 1990, c. C.30 (the Act) defines the authority responsible for administering construction related adjudications and for training and qualifying adjudicators. Ontario Regulation 306/18 requires the authority, currently Ontario Dispute Adjudication for Construction Contracts (ODACC), to issue an annual report. ODACC recently issued its second Annual Report (the report), covering its operations for the fiscal year 2021 (ending July 31, 2021) – its first full year of operations.

The report highlights that 50 adjudications (compared with 32 in 2020) were commenced at ODACC and 34 determinations (versus 3 in 2020) were rendered. Five of those determinations related to adjudications commenced at the end of fiscal year 2020, the other 29 were commenced in fiscal year 2021. Of the 34 determinations rendered in 2021, 79% were rendered within the 30-day timeline contemplated under section 13.13(1) of the Act. For 21% of

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