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Termination

Can the Parties Terminate an Adjudication

At any time before the Adjudicator makes a Determination, the Parties may agree to terminate the adjudication, subject to the payment of the Adjudicator’s fee. Section 13.14 of the Construction Act states:

13.14 At any time after the notice of adjudication is given and before the adjudicator makes his or her determination, the parties to the adjudication may agree to terminate the adjudication, on notice to the adjudicator and subject to the payment of the adjudicator’s fee    

Table of Contents

Notice of Termination

If all Parties agree to terminate an adjudication, the Adjudicator will be sent an email from communications@odacc.ca informing him or her that the Parties agreed to terminate the case, and asking him or her to log in to ODACC’s Custom System to set the Adjudication Fee.

Setting the Adjudication Fee

After an Adjudicator logs in to ODACC’s Custom System, the Adjudicator will have a notification that states: “The Parties consent to terminate the case. Please click here to set the Adjudication Fee.” After clicking on the notification link, the Adjudicator will be directed to the termination screen, a screenshot of which is available below (at Figure 13).  

 

To set the Adjudication Fee, an Adjudicator must complete the Termination screen on ODACC’s Custom System (as shown at Figure 13), by :

  1. Entering the Adjudication Fee under Final Cost of Adjudication at Termination;
  2. Apportioning the Adjudication Fee amongst the Parties; and
  3. Pressing the “Submit to Parties” button.
Figure 13: Termination screen on ODACC’s Custom System

After an Adjudicator sets the Adjudication Fee, the Parties will receive an email asking them to log in to ODACC’s Custom System to view and pay the fees. The Parties will be instructed to review the Adjudication Fee and to indicate if they approve or reject the Adjudication Fee.  As Parties approve or reject the amount, the Chart shown at Figure 14 (below) will be updated:

  • If all Parties approve the Adjudication Fee, the Parties will be able to pay outstanding fees. Once all fees have been paid, ODACC will close the adjudication file.
  • If a Party rejects the Adjudication Fee, the Adjudicator will receive an email asking him or her to submit a new Adjudication Fee or to ask ODACC to determine the Adjudication Fee.        

    • If the Adjudicator submits a new Adjudication Fee to the Parties, the Parties will be emailed and asked to indicate if they consent to the Adjudication Fee (as described above).
    • If ODACC is asked to set the Adjudication Fee, ODACC will set the fee in accordance with the Schedule of Fees. After ODACC sets the Adjudication Fee, the Adjudicator and the Parties will be notified via email and asked to log in to ODACC’s Custom System to view the Adjudication Fee. The Parties will be able to pay outstanding fees. Once all fees have been paid, ODACC will close the adjudication file.
Figure 14: Consent to Fees Screen
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