Construction Dispute Interim Adjudication
("Adjudication") became law in Ontario on October 1,
2019. This new regime for the timely adjudication of construction
disputes is the first of its kind in Canada. According to the
transition rules, an Adjudication is only available where the
contract between the owner and contractor was entered into on or
after October 1, 2019 and where the owner started the tendering
process for the project on or after October 1, 2019. While it may
be some time until the first adjudicator is hired, the
infrastructure needed to run the Adjudication process is taking
shape.
This newsletter will focus on information relevant to
adjudicators.
Pursuant to the Construction Act,i (the "Act") and
Ontario Regulation 306/18 (the "Regulation") made under
the Act, the Authorized Nominating Authority is tasked
with certain duties with respect to the appointment and training of
adjudicators, which include:
