Adjudicator Decisions Finally Reviewed by Ontario Courts: Understanding the Impact of Recent Case Law on the Construction Industry

February 23, 2024 11:45am

Shaun Hashim
Solicitor
Toronto Transit Commission

James Little
Partner
Singleton Urquhart Reynolds Vogel LLP

In this session, topics of discussion will include:

  • Unpacking the test for leave to apply for judicial review of an adjudicator’s decision as set out by the Divisional Court in Anatolia Tile & Stone Inc. v. Flow-Rite Inc. (2023 ONSC 1291)
    • Exploring the significance of the court’s affirmation that the adjudicator decides whether the matter is eligible for adjudication
  • Understanding what steps need to be taken, and what obligations must continue to be followed, while leave for judicial review is pending (SOTA Dental Studio Inc. v. Andrid Group Ltd., 2022 ONSC 2254)
  • Discussing what the future holds for adjudications and how the rights and obligations of parties involved in construction disputes are likely to evolve in light of recent case law