Adjudication
Adjudication is an integral part of Ontario's prompt payment scheme. Parties can now resolve payment disputes in "real time", keep cash flowing, and avoid expensive trials and arbitrations.
Statutory adjudication under Ontario's Construction Act provides a basic scheme to achieve interim, binding determinations. Under the regulations to that Act, ODACC provides trained adjudicators and administers statutory adjudications. The result is a summary determination, binding until displaced by a more formal process. This is an important aspect of Ontario's commitment to access to justice in the construction industry.
“Less working capital should be diverted into unproductive dispute resolution across the country, and Ontario's adjudication scheme is a solid step in that direction.”
- Duncan Glaholt & Markus Rotterdam, 2017 -
Duncan Glaholt has been at the forefront of the statutory adjudication initiative in Ontario since early 2004, and has spoken and written on statutory adjudication here in Canada, in the U.S., and in the U.K.
As a senior and internationally respected construction lawyer, Duncan is highly experienced in the inquisitorial aspects of Ontario's new adjudication regime.