While there is no appeal from adjudicator's determinations under the Construction Act (the "Act"), the court's jurisdiction to grant judicial review is set out in s. 13.18(5) of the Act.
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It’s not fair! Or is it? The Divisional Court Consider Procedural Fairness of Adjudication Determination in Blackstone Paving and Construction Ltd. v. Barrie (City of).
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Due Diligence and Safety: Guidance for Project Owners in R v Greater Sudbury (City)
The Ontario Superior Court of Justice’s August 23, 2024, decision in R v Greater Sudbury (City) provides much-needed clarity on the ability of owners to rely on due diligence as a defence to claims brought under the Occupational Health and Safety Act (“OHSA”).
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MGW-Homes Design Inc. v Pasqualino: Ontario Court of Appeal clarifies appeal route from an adjudicator’s determination.
The Ontario Court of Appeal confirms that the proper route of appeal from an adjudicator’s determination is to the Divisional Court.
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