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ARTICLE · 21 APRIL 2025

Completion Of Contract Refers To Work Performance: Not State Of Accounts

In the past year, several parties have brought applications for judicial review of an adjudicator's determination before the Ontario Divisional Court.

CanadaReal Estate and Construction

In the past year, several parties have brought applications for judicial review of an adjudicator's determination before the Ontario Divisional Court. We have written previously on this blog about some of these cases (see, for example, our previous blog posts on Ledore, as well as Caledon and Blackstone Paving.) This blog discusses another recent case.

In Jamrik v. 2688126 Ontario Inc. o/a Turnkey Construction,1 the Divisional Court addressed an application for judicial review which focused on an adjudicator's jurisdiction. The adjudicator found that the Applicant (Jamrik) was required to pay the Respondent, 2688126 Ont. Inc. o/a Turnkey Construction (Turnkey), $564,812.87. Jamrik challenged the adjudicator's jurisdiction, arguing that the adjudicator had no jurisdiction to make this finding because the underlying contract had been "completed", and the adjudicator had erred in concluding otherwise.

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