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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Avoiding Disputes about Dispute Resolution – The importance of careful drafting of dispute resolution and priority clauses in construction contracts
Parties to construction contracts must carefully consider their dispute resolution and contract documents' priority clauses. In our latest blog entry, Paul Conrod discusses a recent Ontario case involving the arbitration clause contained in the CCDC 14 Design-Build Stipulated Price Contract.
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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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