ARTICLE · 27 JUNE 2024

"Rough Justice" In Construction Adjudication: It's Not Natural

Glaholt Bowles

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The introduction of adjudication into Ontario's Construction Act caused many to coin this new process as "rough justice" as it allows parties to get swift, interim relief, without bringing the project to a halt.

CanadaReal Estate and Construction

The introduction of adjudication into Ontario's Construction Act caused many to coin this new process as "rough justice" as it allows parties to get swift, interim relief, without bringing the project to a halt.

The Divisional Court in Ledore Investments v. Dixin Construction, 2024 ONSC 598 has confirmed how inappropriate the "rough justice" misnomer really is. Adjudication is not a form of "rough justice" that makes the process immune to fundamental rights embodied in the concept of natural justice.

Facts

The applicant, Ledore Investments Limited ("Ledore"), applied for judicial review pursuant to the provisions governing judicial review in Ontario's Construction Act. In its application, Ledore sought to set aside the determination of the adjudicator dismissing its claim for payment against the general contractor, Dixin Construction ("Dixin").

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